MASTER 

NEGATIVE 
NO.  94-82084 


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Author: 

U.S.  Board  of  mediation 
and  conciliation 

Title: 

Report  of  the 
commissioner  of... 

Place: 

Washington,  D.C. 

Date: 

1920 


COLUMBIA  UNIVERSITY  LIBRARIES 
PRESERVATION  DIVISION 

BIBLIOGRAPHIC  MICROFORM  TARGET 


MASTER   NEGATIVE  * 


ORIGINAL  MATERIAL  AS  FILMED  -    EXISTING  BIBLIOGRAPHIC  RECORD 


MISINESS 

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U.  S.    Board  of  mediation  and  conciliation. 

Report  of  the  commissioner  of  mediation  and  conciliation  on 
the  operations  of  the  United  States  Board  of  mediation  and 
conciliation.  1913-1919.  Washington,  D.  C.  Washington, 
Govt,  print,  off.,  1920. 

109  p.  Incl.  tables.    25'*. 

Abolished  by  act  approved  May  20,  1926.  Succeeded  by  the  Board  of 
mediation. 


1.  Arbitration,  Industrial — U.  S.  2.  Railroads — U.  S. — Employees. 

I.  Title.                                   ^^lii^  ^ 

11  20—26364 

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REPORT 


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THE  OPERATIONS  OF  THE  UNITED  STATES 
BOARD  OF  MEDIATION  AND  CONCH-IATION 


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REPORT 

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COMMISSIONER  OF  MEDIATION 
AND  CONCILIATION 

ON 

THE  OPERATIONS  OF  THE  UNITED  STATES 
BOARD  OF  MEDIATION  AND  CONCILIATION 


1913-1919 


WASHINGTON,  D.  C. 


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GOVERNMENT  PRINTING  OFFICE 

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UNITED  STATES  BOARD  OF  MEDUTION  AND  CONCIUATION. 


WILLIAM  L.  CHAMBERS, 

CommmUmer. 

O.  WALLACE  W.  HANGER, 

AaaitlaiU  CommiMwntr, 

WILLUM  H.  SMITH, 

Assistant  to  the  Commissioner. 


MEMBERS  or  BOARD: 

MARTIN  A.  KNAPP, 

Chairman. 

WILLIAM  L.  CHAMBERS, 
O.  WALLACE  W.  HANGER. 

William  H.  Smith, 

Secretary. 


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S  CONTENTS. 

h-  

Q  Page. 

Introductory  comment  on  tables  accompanying  report 5 

Operation  of  Federal  legislation  relating  to  adjustment  of  railroad  labor  dis- 
putes under — 

Act  of  October  1,  1888 g 

Act  of  June  1,  1898  (Erdman  law) g 

Review  of  conditions  leading  up  to  passage  of  the  act  of  July  15,  1913  (New- 
lands  law) 22 

Results  of  antistrike  legislation  in  foreign  countries 18 

Distinction  noted  between  mediation  and  arbitration 19 

Digest  of  Newlands  law 19 

Review  of  Executive  intervention  in  two  controversies 21 

Comment  on  act  of  September  3,  1916  (Adamson  law) 23 

Operations  under  the  Newlands  law 23 

Summary  of  cases  coming  to  board  and  disposition  made 24 

Compulsory  arbitration 27 

R^sum6  of  appropriations  and  expenditures 27 

Policy  of  board  in  handling  controversies,  and  territory  covered  by  mediators. .  29 

Table  I. — Cases  under  Newlands  law 30 

Table  II. — Arbitrations  under  Newlands  law 54 

Digest  of  arbitrations  under  Newlands  law gj 

Text  of  Newlands  law yj 

APPENDIX. 

Table  III. — Cases* under  Erdman  law 7^ 

Table  IV. — Arbitrations  under  Erdman  law 91 

Digest  of  arbitrations  under  Erdman  law 9$ 

Textof— 

Act  of  October  1,  1888 x04 

Act  of  June  1,  1898 106 

Act  of  March  4,  1911  (in  part) ..*......'.  lOd 

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V 


REPORT  OF  OPERATIONS  OF  THE  UNITED  STATES  BOARD 
OF  MEDIATION  AND  CONCILIATION. 


United  States  Board  of  Mediation  and  Conciliation, 

Washington  J  December  1,  1919, 
The  President: 

The  statistical  tables  which  accompany  this  report  will  readily 
disclose  to  students  of  industrial  questions  (those  who  wish  to  know 
rather  than  to  speculate)  the  wisdom  of  the  laws  heretofore  enacted 
by.  Congress  providing  for  the  composition  of  labor  controversies 
that  affect  rail  transportation  and,  equally  so,  the  successful  admin- 
istration of  these  laws.  The  tables  are  presented  in  rather  elaborate 
detail  at  this  time,  although  somewhat  repetitive  of  former  reports, 
because  (a)  there  never  before  has  been  compiled  in  connected  form 
a  verified  list  of  all  the  controversies  involving  labor  disputes  between 
carriers  engaged  in  interstate  commerce  and  their  employees  in  train 
operation,  in  which  the  services  of  agencies,  acting  under  congres- 
sional authority,  have  been  employed  to  assist  in  bringing  about 
adjustments;  (b)  the  desire  of  correspondents  in  all  parts  of  the 
country  for  the  definite  information  which  such  tables  can  best  sup- 
ply, and  (c)  becuase  it  is  believed  that  the  facts  here  assembled,  in 
convenient  form,  may  be  of  use  to  the  Congress  now  occupied  with 
a  problem  which,  ever  since  the  short,  scattered  roads  began  welding 
into  connected  systems,  has  taxed  the  thought  of  the  best  experts 
among  employers  and  employees. 

To  provide  for  the  safe,  rapid,  and  uninterrupted  movement  of 
trains,  the  payment  of  a  satisfactory  wage  to  the  employees  who 
operate  the  signals,  manipulate  the  throttles,  work  the  brakes,  shovel 
the  coal,  collect  the  fares,  protect  the  trains,  look  after  the  comfort 
of  travelers,  handle  the  stuff,  and  at  the  same  time  provide  a  fair 
return  to  the  class  who  furnish  the  operating  capital,  is  a  problem 
well  worth  the  best  legislative  thought  and  action  at  this  time.  In 
no  other  field  of  research  can  more  helpful  information  on  this  subject 
be  found  than  in  these  tables;  but  they  should  be  studied  and  the 
facts  they  develop  should  be  considered  in  connection  with  the 
further  fact  that  since  the  present  law  was  passed  only  one  strike 
has  occurred  after  the  services  of  the  mediators  were  invoked,  and 
the  disputes  which  caused  any  cessation  of  train  movement  have 
been  less  than  half  a  dozen,  all  of  which  were  of  limited  extent  and 
brief  duration,  causing  but  a  minimum  of  inconvenience  to  the  public. 
Inasmuch,  however,  as  these  tables  do  not  disclose,  and  could  not 

5 


( 


I  .<  I 


^ — ^ 


6 


BEPOET  OF  BOARD  OF  MEDIATION  AND  CONCILIATION. 


11 
ff 

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be  made  even  to  indicate,  the  methods  and  processes  adopted  and 
employed  by  those  charged  with  the  execution  of  the  law,  whose 
prime  and  guiding  purpose  has  always  been  to  maintain  uninterrupted 
train  movement  on  established  schedules,  it  will  not  be  thought  out 
of  place  to  give  in  this  connection  as  briefly  as  possible  an  interpre- 
tative exposition  of  the  provisions  of  existing  law  and  the  methods 
of  its  administration,  which,  in  the  judgment  of  those  most  familiar 
with  the  subject,  has  proved   100  per  cent  good  in  its  mediation 
provisions  and  in  the  main  quite  efficacious  in  its  arbitration  features. 
It  is  assumed  that  students  of  the  subject,  and  especially  those 
Members  of  both  Houses  of  Congress  charged  with  the  formation  of 
the  measures  now  pending,  are  familiar  with  the  parliamentary  his- 
tory of  Federal  legislation  as  embodied  in  the  four  acts  of  Congress 
relating  to  the  adjustment  of  railroad  labor  disputes.     First,  the  law 
approved  October  1,  1888  (25  Stats.,  501),  which  never  was  called 
mto  use  during  the  10  years  of  its  existence,  presumably  because  of 
a  provision  that  amounted  to  compulsory  investigation  in  controver- 
sies affecting  transportation  companies  engaged  in  interstate  traffic; 
second,  the  act  of  June  1,  1898  (30  Stats.,  424),  commonly  known' as 
the  Erdman  law,  which  remained  practically  a  dead  letter  for  eight 
and  one-half  years,  because  the  first  attempt  to  utilize  its  provisions 
proved  entirely  abortive  on  account  of  the  refusal  of  the  railroad  com- 
panies involved  in  the  controversy  to  accept  the  friendly  offices  ten- 
dered by  the  mediators  *'in  the  manner  and  for  the  purposes  contem- 
plated by  law;  third,  that  part  of  the  act  of  March  4,  1911  (36  Stats., 
1397),  supplementing  the  Erdman  law,  and,  fourth,  the  present  act, 
commonly  known  as  the  Newlands  law,  approved  July  15,  1913  (38 
Stats.,  103). 

The  request  for  the  services  of  the  Federal  mediators  in  the  first 
case  under  the  Erdman  law  was  made  promptly  after  its  passage,  and 
clearly  set  out  the  grounds  of  the  complaint,  which  had  been  under 
negotiation  for  some  time  without  successful  adjustment  and  which 
was  perhaps  the  immediate  cause  of  the  enactment  of  the  law.  Ref- 
erence to  the  parliamentary  progress  of  that  law  through  Congress, 
where  it  received  wide  discussion,  reveals  that  it  was  the  fruit  of  joint 
endeavors  on  the  part  of  employers  and  employees  to  secure  a  just 
and  workable  law  for  Federal  mediation  and  arbitration,  in  substi- 
tution of  the  law  of  1888.  The  history  of  this  case  as  set  out  in  full 
in  a  bulletin  of  the  Bureau  of  Labor,  No.  98  (1912),  is  very  illumina- 
tive of  the  arbitrary  attitude  of  railway  managers  in  those  days 
toward  their  employees.  This  was  a  movement,  within  the  terms 
of  the  new  law,  by  conductors  and  brakemen  employed  in  switching 
service  in  the  Pittsburgh  district  for  (a)  small  increases  in  wages,  (b) 
some  changes  in  working  conditions,  and  (c)  a  10-hour  day  with  pro 
rata  overtime.     It  is  interesting  to  note  that  at  that  comparatively 


!• 


V 


\ 


REPORT  OF  BOARD  OF   MEDIATION  AND  CONCILIATION.  7. 

recent  date  (September,  1899)  the  rates  of  pay  for  conductors  and 
brakemen  were  for — 

Cents 
per  hour. 

Day  conductor 24 

Day  brakeman 18 

Night  conductor 25 

Night  brakeman 19 

and  that  there  was  then  no  law  limiting  hours  of  service,  and  organized 
labor,  practically  unrecognized  by  captains  of  industry  and  largely 
held  in  contempt  by  employers,  had  only  succeeded  here  and  there 
in  scattered  parts  of  the  country  in  negotiating  any  limitation  what- 
ever in  hours  of  service;  that  the  changes  in  rules  asked  for  were 
minor  improvements  upon  conditions  which  no  railroad  company 
now  would  attempt  to  justify.  After  several  months  spent  in 
fruitless  endeavors  to  secure  any  settlement  of  this  controversy  they 
sought  the  assistance  of  their  national  organization,  but  this  was  not 
given  until  after  a  biennial  convention  of  the  organization  which  was 
held  a  few  months  later,  when,  as  stated  by  the  grand  master  of  the 
trainmen  in  a  subsequent  report,  he  "concluded,  after  a  consultation 
with  prominent  members  interested,  my  assistant  officers,  and  the 
executives  of  other  organizations  represented  in  the  federation  who 
would  become  involved  in  the  trouble,  to  test  the  efficiency  of  the  act  of 
Congress,  approved  June  1,  1898,  commonly  known  as  the  arbitration 
law,"  and  accordingly  the  subject  was  brought  to  the  attention  of 
the  Federal  mediators  in  a  comprehensive  statement  of  the  issues, 
concluding  as  follows: 

On  account  of  the  foregoing  reasons  and  for  other  reasons,  I  have  concluded  that 
the  controversy  is  sufficiently  serious  to  warrant  asking  your  intervention,  as  per- 
mitted by  section  2  of  the  act  of  Congress  approved  June  1,  1898,  entitled  "An  act 
concerning  carriers  engaged  in  interstate  commerce  and  their  employees."  I  there- 
fore request  you  on  behalf  of  the  employees  in  the  switching  service  on  the  lines 
referred  to  in  Pittsburgh  and  vicinity  who,  as  before  stated,  are  fairly  represented 
by  the  Brotherhood  of  Railroad  Trainmen,  of  which  organization  I  am  the  executive 
officer,  to  use  your  good  offices  with  the  officials  of  the  said  companies  to  the  end  that 
a  reasonable  adjustment  of  the  complaints  of  such  employees  may  be  effected. 

Promptly  upon  receipt  of  this  request  the  chairman  of  the  Inter- 
state Commerce  Commission  and  the  Commissioner  of  Labor,  the 
mediators  designated  in  the  law,  addressed  the  proper  officials  of 
each  of  the  13  railways  involved  in  the  controversy,  and  lengthy 
correspondence  ensued.  The  final  replies  of  the  presidents  of  the 
roads  clearly  show  that  they  were  the  outcome  of  consultation  and 
agreement,  a  sort  of  ''collective  bargaining,'^  as  these  excerpts  from 
letters  of  two  of  them  taken  at  random  indicate.  One  president 
states  his  position  thus: 

The  question  of  what  compensation  shall  be  paid  to  its  employees  is  of  such  grave 
importance  that  the  officers  of Railroad  do  not  feel  that  they  can  in  any  manner 


'\ 


o 


REPOKT  OF  BOARD  OF   MEDIATION  AND  CONCILIATION. 


{! 


relinquish  their  duty  and  right  to  determine  it,  according  to  their  best  judgment, 
nor  by  any  act  of  their  own  subject  the  interests  which  are  intrusted  to  them  to  the 
judgment  of  any  other  tribunal  than  themselves. 

Another  president  expresses  his  refusal  as  follows: 

The  question  as  to  the  amount  of  compensation  the  company  shall  pay  its  employees 
involves  the  consideration  of  very  many  matters  with  which  the  officers  of  the  com- 
pany are  familiar,  and  it  is  their  duty  after  full  conference  with  and  due  regard  for  the 
rights  of  employees  to  determine  the  question;  and  while  they  have  the  highest  re- 
spect for  you  and  confidence  in  your  ability  and  impartiality,  yet  in  this  matter 
they  feel  that  they  ought  not  and  can  not  rightfully  relinquish  their  duty  or  delegate 
their  power  to  determine  that  question. 

After  all  the  presidents  had  declined  the  proffer  of  assistance  by  the 
mediators,  there  remained  nothing  more  for  the  mediators  to  do 
but  to  clear  their  docket  of  the  case,  which  they  did  m  a  letter, 
addressed  to  Mr.  P.  H.  Morrissey,  grand  master,  Brotherhood  of 
Eailroad  Trainmen,  concluding  with  these  significant  words: 

Under  these  circumstances  it  is  clear  that  our  duty  in  the  premises  has  been  dis- 
charged, and  it  only  remains  for  us  to  inform  you  that  our  efforts  have  been  unsuc- 
cessful. The  employees  represented  by  you  have  sought  redress  for  the  grievance, 
asserted  by  them,  in  the  manner  provided  by  the  act  of  Congress.  It  is  not  their  fault 
and  we  believe  it  is  not  ours,  that  nothing  has  been  accomplished. 

The  employees  in  their  efforts  to  secure  a  settlement  of  a  con- 
troversy which  they  deemed  just  and  fair,  through  the  provisions 
of  Federal  legislation,  received  a  slap  in  the  face  in  their  initial 
movement,  the  Federal  mediators  received  a  courteous  but  emphatic 
rebuff,  and  the  law  itself  came  near  to  receiving  its  death  blow- 
This  did  not  end  the  case,  however.  The  employees,  forced  back 
to  the  use  of  then-  only  effective  remedy  imder  such  circumstances, 
prepared  for  a  strike,  whereupon  the  raikoad  officials  very  wisely 
concluded  a  settlement  which  not  only  recognized  the  right  of  the 
national  organization  to  represent  the  employees  but  granted 
increases  in  rates  of  pay  and  improvements  in  working  conditions 
that  met  the  reasonable  demands  of  the  employees.  It  can  scarcely 
be  denied  that  the  decision  of  the  employees  ''to  test  the  efficiency 
of  the  act  of  Congress''  and  the  endeavors  of  the  mediators  to  induce 
the  raih-oad  authorities  to  cooperate  through  them  in  reaching  an 
amicable  settlement  had,  in  the  meantime,  secured  the  sympathies 
of  public  opinion.  Quite  apart  from  the  exact  question  at  issue  m  that 
controversy,  the  really  important  thing  accomplished  was  that  in  the 
first  case  in  which  Federal  law  was  invoked  to  settle  a  labor  contro- 
versy its  principles  became  a  vital  force  of  permanent  influence.  The 
immediate  effect,  however,  of  the  action  of  the  raih-oad  officials  in  this 
case  throws  a  flood  of  light  upon  the  attitude  and  subsequent  indis- 
position of  labor  organizations  to  freely  invoke  the  law's  aid  in  the 
settlement  of  their  disputes,  and,  as  a  result,  105  strikes  affecting 


••» 


VI 


'J         '%j^  — 


REPORT  OF  BOARD  OF   MEDIATION  AND  CONCILIATION. 


9 


transportation,  detrimental  to  the  public  interest,  occurred  throughout 
the  country. 

Eight  and  one-half  years  elapsed  before  the  provisions  of  the  law 
were  again  invoked,  and  this  time  it  is  noticeable  that  the  request  to 
the  mediators  came  from  one  of  the  largest  railroads  in  the  country, 
too  late,  however,  to  secure  their  intervention  before  the  strike  had 
been  inaugurated.  The  case  was  a  peculiarly  difficult  one,  as  it  involved 
not  only  wages  and  working  conditions  but  a  question  of  jurisdic- 
tion between  different  train  organizations.  The  mediators  promptly 
got  into  action  and  secured  an  amicable  adjustment,  through  the 
willingness  of  the  employees  to  accept  the  provisions  of  the  then 
existing  Federal  legislation.  Thereafter  the  act  was  invoked  with 
increasing  frequency  and  during  the  remaining  six  years  of  its  Jife 
61  cases  were  amicably  settled,  either  by  mediation  or  arbitration, 
under  its  provisions.  At  the  time  of  the  passage  of  the  Erdman  law 
discussion  centered  on  its  arbitration  features  and  little  attention 
was  given  to  its  mediation  provisions.  In  practice,  however,  medi- 
ation proved  much  more  important  and  efficacious,  as  reference  to 
the  tables  will  show.^ 

The  Erdman  law  was  much  more  limited  in  scope  than  the  act  of 
1888.  All  classes  of  employees  except  those  immediately  connected 
with  train  movement,  and  all  disputes  except  such  as  were  directly 
related  to  transportation  were  left  out  of  its  provisions.  All  powers 
of  compulsion  which  might  be  used  either  to  induce  the  parties  to 
invoke  its  provisions  or  to  be  bound  by  its  administration  and  any 
possible  power  of  the  courts  to  enforce  arbitration  were  eliminated. 
No  restrictions  upon  employers  to  resort  to  a  lockout  were  imposed, 
and  the  right  of  the  employees  to  inaugurate  a  strike  remained  as 
free  as  if  the  act  never  had  been  passed.  Compulsion  was  anathema. 
The  only  features  of  the  law  that  imposed  terms  upon  the  parties 
were  such  as  they  might  voluntarily  enter  into  in  the  progress  of  the 
mediation. 

In  the  administration  of  the  law  certain  inadequacies  were 
developed,  which,  coupled  with  the  failure  of  the  organizations 
and  managers  to  harmonize  with  its  spirit,  resulted  in  the  decision  of 
the  national  organization,  representing  employees  on  52  railroads, 
and  the  managers  of  these  roads,  to  devise  a  scheme  of  arbitration 
outside  of  its  provisions.  A  private  agreement  of  their  own  con- 
struction was  entered  into  which  provided  for  a  board  of  arbitrators 
composed  of  seven  members,  two  of  whom  were  designated  by  the 
parties  to  the  controversy,  namely,  Daniel  E.  Willard,  president  of 
the  Baltimore  &  Ohio  Railroad,  by  the  railroads,  and  P.  H.  Mor- 
rissey, former  grand  master  of  the  Brotherhood  of  Railroad  Trainmen, 
by  the  employees,  to  represent  their  respective  interests.     The  other 


>  See  Tables  HI  and  IV. 


W"^ 


u 


I 


If       I 


10 


REPORT  OF  BOARD  OF   MEDIATION   AND  CONCILIATION. 


five  members  were  of  national  character,  all  eminent  in  different 
fields  of  endeavor.  Their  names  alone  would  seem  to  carry  assur- 
ance of  successful  results.  Oscar  S.  Strauss,  of  New  York;  Chas.  R. 
Van  Hise,  of  Madison,  Wis.;  Frederick  N.  Judson,  of  St.  Louis, 
Mo.;  Albert  Shaw,  of  New  York;  and  Otto  M.  Eidlitz,  of  New 
York,  were  selected,  in  accordance  with  the  arbitration  agreement, 
by  the  Chief  Justice  of  the  United  States  Supreme  Court,  the 
presiding  judge  of  the  Conmierce  Court,  and  the  United  States 
Commissioner  of  Labor,  from  a  list  of  names  furnished  by  the  parties. 
It  was  provided  in  the  arbitration  agreement  that  a  majority  of  the 
members  of  this  board  should  be  competent  to  make  a  valid  and 
binding  award  and  the  parties  pledged  themselves  to  accept  and 

abide  by  the  same. 

An  analysis  of  the  arbitration  proceedings  in  this  case  and  the 
report  of  the  arbitrators  is  contained  in  Senate  Document  No.  493, 
Sixty-fourth  Congress,  first  session,  being  a  *' Report  of  the  United 
States  Board  of  Mediation  and  Conciliation  on  the  Effects  of  Arbi- 
tration upon  Rates  of  Pay  and  Working  Conditions  of  Railroad 
Employees,"  made  in  response  to  a  resolution  of  the  Senate  of  May 
12,  1916.     A  thorough  study  of  this  case  is  well  worth  while.     It  is 
significant  that  Mr.  Willard,  who  represented  the  railroads,  attached 
his  signature  to  the  report  merely  as  he  stated  in  his  explanatory 
note,  for   the  purpose  of  signifying  that  the  parties  he  was  chosen 
to  represent  would  abide  by  the  award.     Mr.  Morrissey,  who  repre- 
sented the  employees,   declined   to   sign  the  report  and  gave  his 
reasons  therefor  in  a  statement  based,  not  so  much  upon  the  failure 
of  the  employees  to  secure  the  raise  in  the  rates  of  pay  and  the 
improvements  in  conditions  which  they  had  hoped  for,  but  because 
he  could  not  ''from  the  labor  point  of  view  permit  the  majority 
report,  its  reasonings,   and  its  recommendations  in   certain   vital 
particulars   to  go  unquestioned,"  and  predicted  its  failure  to  settle 
the  real  questions  at  issue,  as  *'it  merely  postponed  the  settlement 
of  principles  for  which  the  engineers  were  contending."     He  recorded 
an  emphatic  dissent  ''from  that  recommendation  of  the  board  which 
in  effect  virtually  means  compulsory  arbitration  for  the  railroads 
and  their  employees"  and  which  "would  shackel  the  rights  of  a 
large  group  of  our  citizens"  through  laws  which  would  necessarily 
forbid  and  criminalize  strikes.     His  position  was  that  the  fear  of  the 
majority  of  the  board  pf  a  general  strike  of  all  American  railway 
employees,  and  which  was  the  basis  of  all  their  arguments  and  rec- 
omimendations,  was  a  scarecrow,  a  condition  "so  impracticable  as  to 
question  the  propriety  of  any  recommendation  based  upon  it."     He 
very  strongly  insisted  that  existing  law,  at  that  time  the  Erdman  law, 
with  certain  changes  or  amendments,  which  afterwards  found  sub- 
stantial expression  in  the  present  law,  enacted  shortly  after,  and 


(P 


^ 


REPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION. 


11 


largely  in  consequence  of  the  results  of  this  case,  met  the  conditions 
then  under  consideration  and  such  conditions  as  were  likely  to  arise 
in  the  future  more  successfully  than  would  be  the  case  if  the  recom- 
mendations of  the  majority  were  enacted  into  law,  and  in  conclusion 
he  paid  a  tribute  to  the  Erdman  law,  as  follows: 

There  has  not  been  a  railway  strike  of  any  serious  consequence  since  the  Erdman 
Act  has  been  made  effective.  The  organizations  have  availed  themselves  of  this  ac* 
as  often  as  have  the  companies,  and  there  is  but  one  instance  where  a  strike  occurred 
after  mediation  had  begun,  and  that  strike  resulted  disastrously  to  the  organization 
responsible  for  it.  In  the  controversy  which  resulted  in  the  present  arbitration, 
neither  side  showed  a  dispostition  to  take  advantage  of  the  act.  The  engineers  were 
prepared  to  strike  and  the  railways  were  willing  that  they  should  strike,  or,  if  they 
felt  differently  about  it,  they  at  no  time  made  this  known.  Their  position  did  not 
indicate  any  fear  of  the  power  of  the  organization  or  any  lack  of  ability  to  handle  a 
situation  which  might  grow  out  of  a  strike.  Fortunately  for  the  public's  interest, 
the  intervention  of  Judge  Knapp  and  Commissioner  Neill,  although  without  authority 
under  the  law,  did  that  which  neither  the  railways  nor  the  engineers  appeared  dis- 
posed to  do,  and  thus  averted  a  test  of  strength. 

Right  here  it  might  be  said  that  in  the  light  of  experience  the  Erdman  Act  is  de- 
fective in  not  authorizing  the  Government  officials  to  invoke,  on  their  own  motion, 
the  provisions  of  this  act.  The  act  might  also  be  amended  so  that  the  arbitration 
board  might  have  three,  five,  seven,  or  nine  members,  depending  upon  the  magnitude 
and  importance  of  the  issue,  with  the  neutral  representatives  holding  the  balance  of 
power.  My  experience  in  this  arbitration  convinces  me  that  the  representatives  of 
no  class,  even  that  of  the  public,  should  have  a  majority  of  the  members  of  the  board. 

The  plain  English  of  what  Mr.  Morrissey  here  says  impressively 
presents  a  case  of  "the  public  be  'rapped,'"  so  far  as  the  direct 
negotiation  of  the  parties  indicated,  until  the  Federal  mediators, 
without  authority  under  the  law,  boldly  intervened. 

A  long-pending  controversy  between  substantially  the  same  rail- 
roads and  their  firemen  apparently  awaited  results  in  the  case  just 
reviewed,  and  when  it  became  evident  that  negotiations  between  the 
parties  would  amount  to  nothing,  the  railroads  proposed  as  a  method 
of  adjustment  the  procedure  adopted  in  the  engineers'  case.  This 
met  with  emphatic  opposition  from  the  firemen,  who  were  not  pleased 
with  the  experience  of  the  engineers,  and  their  executives  declined  to 
depart  from  the  Federal  law,  basing  their  opposition  partly  upon  the 
length  of  time  consumed  by  the  board  in  that  case,  the  want  of 
legislative  authority  to  such  a  board  to  call  and  swear  witnesses  and 
to  punish  them  for  perjury,  etc.,  but  more  especially  because  the 
arbitrators,  with  the  exception  of  the  member  representing  labor, 
had  recommended  a  scheme  which  involved  compulsory  arbitration. 
President  Carter,  of  the  Brotherhood  of  Locomotive  Firemen  and 
Enginemen,  in  a  statement  given  to  the  public,  intimated  that  it 
was  the  purpose  of  the  railroads  "to  mold  public  sentiment  to  the 
end  that  legislation  would  be  enacted  forbidding  railway  strikes." 
There  were  other  reasons  urged  by  the  firemen  for  adhering  to  the 


12 


KEPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION. 


Erdman  law,  and  eventually  the  railroad  managers,  who  stood  out 
stoutly  against  arbitration  under  that  law,  yielded.  A  joint  request 
was  accordingly  presented  to  the  Federal  mediators  for  their  serv- 
ices, which  resulted  in  a  unanimous  award  by  a  board  of  arbitrators 
composed  of  the  vice  president  of  one  of  the  railroads,  a  vice  presi- 
dent of  the  labor  organization,  and  a  third  member  nominated  by 
the  mediators.  While  the  award  in  this  case,  although  unanimous, 
was  not  in  all  its  features  what  the  parties,  each  in  their  respective 
interests,  had  hoped  for,  yet  it  became  immediately  more  than  90 
per  cent  effective,  and  such  dissatisfaction  as  afterwards  arose  came 
from  the  failure  to  apply  it  properly  on  a  few  of  the  roads.  This 
was  the  last  case  of  importance  settled  under  the  provisions  of  the 
Erdman  law,  which  has  perpetuated  the  name  of  an  otherwise 
unknown  Member  of  Congress,  who,  with  a  determined  purpose  to 
serve  the  public  interest,  kept  the  subject  alive  through  several  Con- 
gresses, until  its  final  enactment  into  law.  It  is  such  men  who  count 
in  the  national  round-up.  Perhaps  less  than  half  a  dozen  Members 
of  the  present  Congress  were  his  colleagues,  and  it  is  doubtful  whether 
the  face  or  form  of  this  modest  servant  of  the  people  can  be  recalled 
by  any  of  them,  yet  his  patient,  persistent,  patriotic  service  20  years 
ago  has  had  more  to  do  than  that  of  any  other  man  with  the  pros- 
perity of  the  railroads  of  the  country  and  the  uplift  of  their  employees, 
not  only  in  their  living  conditions  but  to  something  like  a  bargaining 
level  with  their  employers. 

By  this  time,  15  years  after  its  enactment,  during  which  period,  as 
stated  by  Mr.  Morrissey,  only  one  strike  took  place  in  transportation 
service  following  the  invocation  of  its  provisions,  and  in  that  instance 
with  but  slight  inconvenience  to  the  public,  experience  had  developed 
certain  defects,  more  in  its  mechanism  or  operating  features  than  in 
its  spirit.  All  parties  in  immediate  interest  set  about  to  remedy 
them,  if  possible,  in  time  to  take  care  of  a  situation  more  serious  than 
any  that  had  preceded,  growing  out  of  a  concerted  movement  by 
the  conductors'  and  trainmen's  organizations,  in  support  of  their 
members  in  train  service,  for  substantial  increases  in  wages  and  some 
rather  radical  changes  in  working  conditions.  Practically  all  the 
railroads  in  eastern  territory  were  involved.  The  niunber  of  em- 
ployees was  much  larger,  and  vastly  more  capital  was  involved  than 
in  any  labor  controversy  ever  before  inaugurated.  The  recommen- 
dations of  the  majority  arbitrators  in  the  engineers'  case,  accompany- 
ing their  award — ^which  in  itself  was  measurably  satisfactory  to  all 
parties  so  far  as  rates  were  concerned — had  created  widespread  unrest 
among  all  classes  of  employees.  Their  report  covered  a  range  of 
subjects,  pertinent  and  otherwise  to  the  matter  submitted  to  their 
decision,  in  such  an  exhaustive  and  scholarly  way  that  the  labor 
representatives  throughout  the  country  feared  their  crystallization 


V 


REPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION.  13 

into  law.  And  well  they  might  have  feared,  for  never  before  had 
such  a  constructive  program  been  so  conspicuously  and  effectively 
presented.  The  recommendations  outlawing  strikes  and  providing 
for  compulsory  arbitration  especially  aroused  the  antagonism  of  all 
organized  classes  of  labor,  sympathized  in  by  a  large  majority  of  the 
imorganized  workers  throughout  the  country,  and  by  no  means 
An  irresponsible  segment  of  public  opinion.  The  subject  was  very 
generally  discussed  in  the  press  and,  as  might  have  been  expected, 
was  animated  and  acrimonious  in  trade  journals,  which  aligned 
themselves  almost  without  exception  according  to  the  interests  they 
respectively  represented. 

After  many  conferences  between  leading  railroad  executives  and  the 
executives  of  the  principal  brotherhoods,  in  which  the  Federal 
mediators  actively  participated,  the  National  Civic  Federation 
proffered  their  services  and  secured  from  the  parties  an  agreement 
to  suspend  any  further  action  imtil  after  an  effort  to  secure  the  pas- 
sage of  an  adequate  law  could  be  made.  With  the  hope  that  such 
legislation,  eliminating  the  defects  of  the  Erdman  law  and  introduc- 
ing such  new  provisions  as  experience  seemed  to  demand,  could  be 
passed,  a  committee  composed  of  the  ablest  representatives  of  em- 
ployers and  employees  in  railway  transportation  drafted  a  bill, 
which  was  sponsored  by  the  National  Civic  Federation,  and  with 
slight  change  was  passed  by  Congress  and  approved  by  the  Presi- 
dent July  15,  1913,  and  has  remained  the  imamended  law  for  the 
mediation  and  arbitration  of  labor  disputes  affecting  the  movement 
of  trains  to  the  present  time. 

It  is  not  out  of  place,  in  this  connection,  to  recall  the  firm  stand 
taken,  and  successfully  maintained  throughout,  by  President  Carter 
of  the  firemen's  organization  in  favor  always  of  working  ''under  the 
law,"  although  he  has  been  known  to  bitterly  denounce  the  way  the 
law  sometimes  worked.  In  fact,  it  may  be  said  that  his  refusal  to 
submit  the  controversy  between  the  firemen  and  54  railroads  in  the 
East  to  any  method  except  that  provided  by  existing  law,  and  the 
steady  advocacy  by  him  and  the  executives  of  all  the  other  brother- 
hoods of  a  Federal  law  providing  for  mediation  and  arbitration, 
coupled  with  their  ''inahenable"  right  to  strike,  and  their  immov- 
able opposition  to  compulsory  arbitration,  greatly  influenced  the 
National  Civic  Federation  in  its  indorsement,  and  the  action  of  Con- 
gress in  the  enactment  of  the  present  law  which  inherited  its  name 
from  Senator  Newlands,  who  introduced  the  biU  in  Congress. 

This  law  followed  in  general  the  fines  of  the  Erdman  law,  and  a 
comparison  of  the  two  laws  will  show  that  the  so-called  defects  of 
the  old  law  were  not  numerous,  and  that  only  one  radical  change  was 
introduced  in  the  substitute.  A  permanent  and  independent  Board 
of  Mediation  and  Concifiation  was  created,  directly  responsible  to  the 


14 


BEPOBT  OF  BOARD  OF   MEDIATION  AND  CONCILIATION. 


President  and  the  Congress;  also  the  office  of  Commissioner  of  Media- 
tion and  Conciliation,  charged  directly  with  the  execution  of  the  law, 
and  an  Assistant  Commissioner  of  Mediation  and  Conciliation,  acting 
under  his  direction,  and  authority  given  for  such  employees  as  the 
work  of  the  board  might  require;  for  all  of  which,  and  the  general 
operation  of  the  law,  ample  funds  were  provided  by  appropriation. 

This  law  was  not  a  hurry-up  affair,  in  no  sense  a  makeshift,  but 
the  result  of  long  experience,  patient  endeavor,  and  the  earnest  work 
of  the  best  and  ablest  men  directly  affected  in  their  respective  spheres, 
aided  by  the  National  Civic  Federation,  whose  membership  was  com- 
posed of  leaders  in  the  industrial,  scientific,  social,  political,  and  re- 
ligious spheres  of  the  country,  and  officered  by  such  persons  as  Seth 
Low,  Samuel  Gompers,  Benjamin  Ide  Wheeler,  Isaac  N.  Seligman,  * 
John  Hays  Hammond,  William  R.  Willcox,  Maude  Wetmore,  August 
Belmont,  Emerson  McMillin,  George  W.  Perkins,  Alton  B.  Parker, 
Marcus  M.  Marks,  E.  R.  A.  Seligman,  and  D.  L.  Cease. 

The  public  interest  in  the  preparation  of  the  proposed  law  was 
carefully  guarded.     Perhaps  the  most  valuable  improvement  was 
the  authority  given  the  mediators  to  intervene  in  controversies  (in 
the  absence  of  request  for  their  services  by  any  of  the  parties)  ''in 
any  case  in  which  the  interruption  of  traffic  is  imminent  and  fraught 
with  serious  detriment  to  the  public  interest,"  and  it  may  be  that  the 
freedom  of  action  in  this  regard  which  was  to  be  exercised  whenever 
**in  its  (the  board's)  judgment  such  action  seems  desirable"  explains 
why  such  authority  has  been  so  rarefy  exercised,  although  the  board 
has  never  hesitated  to  intervene  whenever  occasion  ''in  its  judgment" 
has  so  required.     The  radical  change  referred  to  related  to  the  com- 
position of  arbitration  boards,  providing  that  "such  controversies 
may  be  submitted  to  the  arbitration  of  a  board  of  six,  or  if  the  parties 
to  the  controversy  so  stipulate,  to  a  board  of  three  persons,"  two  to 
be  chosen  by  each  of  the  parties,  and  the  remaining  two  to  be  desig- 
nated by  the  Board  of  Mediation  and  Conciliation  if  those  chosen  by 
the  parties  failed  to  agree  in  their  selection.     The  provision  in  the 
Erdman  law  limiting  the  boards  to  three  members  was  its  feature 
most  objected  to,  and  furnished  the  railroads  especially  with  argu- 
ments  in  their  repeated  efforts  to  draw  away  from  the  law;  that  the 
plan  of  arbitration  provided  by  law  limited  to  three  members  "left 
the  decision  in  the  hands  of  one  man  too  much  power,"  as  they 
asserted,  "for  one  man  to  have."     Notwithstanding  this  contention, 
and  the  right  which  the  Newlands  law  gave  the  parties  to  have  a 
six-member  board,  in  only  one-third  of  the  arbitrations  resulting 
under  the  provisions  of  that  law  has  it  been  exercised,  and  it  must 
be  acknowledged  by  all  who  are  familiar  with  the  subject  that  it  has 
been  the  awards  of  six-member  boards  that  caused  the  greatest  dis- 
satisfaction among  the  parties.     Their  contention  in  this  regard  was 


BEPOBT  OF  BOABD  OF   MEDIATION   AND  CONCILIATION.  15 

the  cause  of  many  tedious,  vexatious,  and  costly  delays  in  negotia- 
tions, and  whether  sincere  or  otherwise,  contributed  more  than  all 
else  to  the  ill-feeling  between  the  management  and  the  employees, 
which  so  largely  hampered  the  first  endeavors  of  the  mediators  in 
leading  the  parties  to  an  amicable  attitude  toward  each  other  and  a 
right  relationship  to  the  subject  matter  in  dispute. 

Since  the  adoption  of  the  present  law  a  large  majority  of  the  cases, 
and  many  minor  matters  of  interpretation,  etc.,  not  appearing  in  the 
records,  have  been  settled  in  mediation  which,  after  all  has  been  said 
and  done,  is  conspicuously  its  best  feature. 

Elsewhere  in  this  report  objections  on  the  part  of  both  employers 
and  employees  to  arbitration  have  been  alluded  to,  but  it  is  proper 
in  this  connection  to  point  out  that  the  objection  which  carries  most 
force  and  reason,  as  urged  by  employees,  is  that  the  application  of 
an  award  is  exclusively  within  the  province  and  exercise  of  the 
employer;  and  it  is  claimed  by  employees  that  railroad  officials,  in 
the  application  of  awards  in  many  instances,  have  utilized  every 
device  calculated  to  curtail  the  benefits  of  improved  conditions  of 
service  and  to  reduce  the  increased  pay  granted  in  the  award  so  as 
practically  to  deprive  the  employees  of  benefits  which  the  award 
apparently  secured  to  them,  contrary  to  the  intent  of  the  arbitrators. 
It  is  also  claimed  that  in  some  instances,  through  such  processes,  the 
actual  wages  paid  to  employees  under  the  award  have  been  less  than 
the  wages  the  employees,  engaged  in  similar  service,  earned  under 
conditions  and  rates  of  pay  existing  before  the  arbitration. 

If  these  objections  should  be  overcome  by  amendment  of  the 
existing  provisions  of  law,  it  is  beheved  that  the  arbitration  scheme 
set  up  by  the  act  of  July  15,  1913,  would  be  more  generally  acceptable. 
Mediation  negatives  compulsion,  and  arbitration  by  compulsion 
has  been  a  flat  failure  wherever  attempted.  Experience  having 
demonstrated,  however,  that  the  best-equipped  peacemakers  will 
fail  to  adjust  some  of  the  controversies  arising  in  the  future,  Congress 
in  its  wisdom  will  probably  adopt  some  scheme  which  somewhere  in 
its  machinery  embodies  the  principle  of  compulsion.  If  this  prin- 
ciple be  conceded  (to  which  this  board  does  not  adhere),  a  plan  of 
arbitration  along  the  following  lines  is  suggested: 

After  the  parties  to  a  controversy  have  failed  to  reach  a  settlement 
in  direct  negotiation,  and  a  resort  has  been  had  to  mediation  under 
existing  law,  and  efforts  to  bring  the  parties  to  an  amicable  settle- 
ment in  mediation  having  failed,  such  a  situation  shall  be  reported 
in  record  form  by  the  Board  of  Mediation  and  Conciliation  to  the 
President,  who  shall  determine  the  future  procedure.  The  President 
may,  if  in  his  judgment  the  public  interest  so  requires,  take  over  and 
operate  the  property.  If,  however,  the  President  decides  that  the 
controversy  is  one  which  should  go  to  arbitration,  he  may  transmit 
the  record  of  the  controversy,  with  such  suggestions  as  he  may  deem 


16 


REPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION. 


REPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION.  17 


proper,  to  an  arbitration  board  composed  of members, of 

whom  are  to  be  selected  by  the  President  from  lists  of  10  names  fur- 
nished respectively  by  the  parties  to  the  controversy, from  each 

list,  the  other  member  or  members  to  be  named  independently  by 
the  President.  To  such  arbitration  board  the  parties  shall  resort,  and 
the  whole  controversy  opened  up,  making  such  use  of  the  record  as 
the  parties  to  the  arbitration  may  find  convenient.  The  arbitration 
board  upon  completion  of  its  hearings  shall  announce  its  conclusions 
on  the  merits  of  the  controversy  as  thus  presented,  which  shall  take 
the  form  of  an  advisory  opinion  and  have  the  force  only  of  suggestions 
relative  to  a  final  disposition  of  the  questions  involved  in  the  con- 
troversy. In  case  the  conclusions  of  the  arbitration  board  are  accept- 
able to  both  parties,  an  award  embodying  such  conclusions  shall  be 
immediately  rendered  by  the  board  and  shall  be  final  and  binding. 
If  such  conclusions  of  the  arbitration  board  are  not  unanimously 
agreed  to  by  the  parties,  they  shall,  nevertheless,  be  accepted  by 
both  parties  for  a  period  of  at  least  three  months,  during  which  period 
the  conclusions  shall  be  apphed  as  far  as  possible  to  actual  operating 
conditions  under  the  supervision  of  a  committee,  to  be  known  as  the 

application  conmaittee,  to  be  composed  of railroad  officials  and 

representatives  of  the  employees,  nominated  by  the  respective 

parties  to  the  arbitration  and  appointed  by  the  arbitration  board  at 
the  conclusion  of  the  hearings.  During  the  period  of  application 
the  committee  shall  have  the  right  to  call  upon  the  arbitration  board 
for  interpretation  of  its  conclusions  affecting  any  question  that  may 
arise  regarding  the  manner  of  the  apphcation  of  said  conclusions.  If 
necessary  the  arbitration  board  may  be  reconvened  for  this  purpose. 
At  any  time  within  the  period  of  three  months  the  application  com- 
mittee shall  have  the  right  to  report  to  the  arbitration  board  the 
results  of  its  work  and  in  case  no  changes  are  suggested  the  arbitra- 
tion board,  reconvened  for  the  purpose  of  acting  upon  such  report, 
shall  incorporate  its  conclusions  in  an  award  which  shall  be  binding 
upon  the  parties  from  the  date  of  the  announcement  of  the  con- 
clusions. If  any  changes  are  suggested  in  the  report  of  the  apphca- 
tion committee  such  changes  shall  be  incorporated  in  the  award  of 
the  arbitration  board. 

From  the  inception  of  the  controversy  the  best  efforts  of  the  par- 
ties, mediators,  arbitrators,  and  members  of  apphcation  committees 
shall  be  used  to  reach  amicable  adjustments,  and  all  members  of 
apphcation  committees  in  the  exercise  of  their  efforts,  irrespective  of 
the  interests  they  respectively  represent,  shall  have  access  to  all  data 
and  information  in  the  possession  of  either  party  to  the  controversy 
relating  to  the  subject  matter  in  dispute. 

In  case  such  efforts  are  unsuccessful  the  board  of  arbitration  may, 
nevertheless,  render  an  award,  and  such  award  may  be  by  a  majority 
of  the  arbitrators  and  shall  be  final  in  so  far  as  the  questions  and 


i^^ 


^ 


1 


matters  in  controversy  between  the  parties  are  concerned;  but  the 
parties  or  either  of  them,  if  they  so  elect,  can  reject  and  refuse  to 
abide  the  award.  Such  rejection,  however,  shall  not  become  effective 
until  after  the  expu-ation  of  30  days  from  date  of  receipt  by  the  arbi- 
tration board  of  formal  written  notice  of  rejection,  containing  reasons 
therefor. 

Great  Britain  and  the  United  States  occupy  the  unique  position  of 
having  no  legislation  abridging  the  right  to  strike.  In  both  coun- 
tries under  oflScial  machinery  provided  for  the  adjustment  of  wage 
and  other  difficulties  between  railroads  and  their  operating  forces,  in 
which  every  suggestion  of  compulsion  has  been  carefully  avoided, 
results  have  been  much  more  satisfactory.  Strange  as  it  may  seem 
in  the  case  of  these  two  countries  where  legal  machinery  has  been 
provided  fo?  the  settlement  of  grievances  without  any  limitations 
upon  the  right  to  strike,  the  most  pronounced  successes  in  dealing 
with  disputes  have  been  attained.^ 

With  the  exception  of  those  two  nations  all  governments  of  any 
importance  have,  in  one  way  or  another,  attempted  by  repressive 
legislation  to  prohibit  strikes  and  compel  the  settlement  of  industrial 
disputes  by  arbitration,  but  not  in  the  case  of  a  single  one  has  such 
legislation  accomplished  its  purpose.  On  the  contrary,  industiial 
composure,  individual  thrift,  and  national  prosperity  have  been  and 
are  most  prevalent  m  those  countries  where  the  right  of  individual 
determination  in  matters  of  service  has  been  least  interfered  with  by 
legislation. 

The  theory  m  government  which  holds  individual  States  in  inde- 
structible imion  revels  in  the  veins  of  every  loyal  American,  who,  in 
the  hilarious  exercise  of  personal  freedom,  never  forgets  his  statu"^  in 
a  composite  society  without  whose  protection  he  would  cease  to 
function  as  an  operating  force.  With  all  the  guaranties  that  the  best 
government  of  the  world  throws  around  the  workingman  in  America, 
is  he,  as  some  vainly  imagme,  going  to  pull  down  the  grand  struc- 
ture, so  largely  a  product  of  his  fabrication  ?  Never  fear.  And  do 
not  forget  that  these  engineers,  conductors,  trainmen,  firemen,  teleg- 
raphers, signahnen,  station  agents,  bridge  builders,  machinists,  and 
clerks,  constituting  the  highest  class  of  service  people,  together  with 
the  general  body  of  wage  earners,  through  then-  savings-bank  depos- 
its, insurance,  trust  holdings,  and  direct  investments,  are  the  real 
owners  of  these  raih-oads,  and  that  the  support,  comfort,  and  happi- 
ness of  their  wives  and  children  in  the  homes  which  they  largely  own, 
depend  far  more  upon  their  uninterrupted  and  profitable  operation 
than  the  people  in  managerial  control  imagine  they  do. 


I 


1  A  comprehensive  discussion  of  this  subject  will  be  found  in  H.  Doc.  No.  2117,  64th  Cong    2d  sess 
Railroad  Strikes  and  Lockouts.  '  ' 

151283—20 2 


M&JP^ 


18 


REPORT  OF  BOARD  OF   MEDIATION  AND  CONCILIATION. 


In  Australia,  where  compulsory  arbitration  in  complete  form  has 
been  attempted,  it  has  not  succeeded  where  applied.  Statistics  for 
the  Commonwealth  of  Australia  show  that  92  strikes  occurred  during 
the  period  1913-1917  alone,  36  being  reported  during  the  year  1917, 
the  last  year  for  which  official  information  is  available.  During  the 
fiscal  year  preceding  the  World  War  there  were  46  strikes  in  New 
Zealand,  where  compulsory  laws  are  provided.  The  judicial  records 
of  New  South  Wales  show  6  convictions  for  illegal  strikes  in  1918 
and  4  convictions  for  the  first  6  months  of  the  present  year.  The 
number  of  industrial  disputes  in  Australia,  as  a  whole,  have  steadily 
increased  since  the  enactment  of  compulsory  arbitration  laws,  and 
the  principal  method  of  their  adjustment,  as  all  official  records  show, 
has  been  mediation  and  not  compulsory  arbitration.  From  a  review 
of  the  laws  and  an  investigation  of  the  experience  in  their  adminis- 
tration in  France,  Italy,  Russia,  Roumania,  and  Turkey,  all  of  which 
have  adopted  com])ulsory  arbitration  in  one  form  or  another,  it  will 
be  learned  that  instead  of  preserving  industrial  peace  and  economic 
weKare,  they  multiplied  the  evils  they  were  intended  to  prevent. 
Even  in  another  group  of  countries,  such  as  Canada,  The  Transvaal, 
Spain,  and  Portugal,  where  the  right  to  strike  has  not  been  abso- 
lutely denied  but  where  the  exercise  of  this  right  has  been  made 
contingent  upon  certain  conditions— a  notification  to  the  government 
of  an  intention  to  strike  or  delay  until  after  governmental  investiga- 
tion and  report— the  results  have  not  been  what  were  expected.  In 
the  case  of  certain  other  European  countries  where  restrictive  limi- 
tations have  been  placed  upon  the  right  of  railway  workers  in  public 
service  mdustries  to  strike,  the  results  have  been  disappointing. 

In  the  light  of  Australian  experience  it  seems  clearly  evident  that 
in  the  United  States,  where  we  have,  comparatively  speaking,  a 
much  wider  extent  of  territory,  a  vast  complexity  of  industry,  great 
variations  in  industrial  standards,  wages,  and  industrial  con- 
ditions, and  absolutely  no  consensus  of  opinion  as  to  the 
fundamentals  of  industrial  relations,  the  establishment  of  a  com- 
pulsory method  of  adjusting  industrial  disputes  would  be  wholly 
futile  and  impracticable.  Arbitration  in  its  true  essence  is  noth- 
ing more  than  the  culmination  of  mediation,  its  only  logical  end- 
ing in  all  disputes  (where  mediation  has  failed)  involving  the  pubUc 
peace  and  welfare.  It  is  inconceivable  in  this  day  of  advanced 
enhghtenment,  when  the  greatest  good  to  the  greatest  number  of 
people  should  be  the  highest  aim,  and  to  which  every  selfish  incentive 
should  be  subordinated,  that  a  law  to  be  voluntarily  appealed  to  can 
not  be  drafted  the  very  terms  of  which  would  serve  to  meet  the 
requirements  of  any  contention  between  employers  and  employees 
on  subjects  that  involve  the  welfare  of  all  the  people  of  this  great 
nation,  boasting  the  highest  type  of  civilization  in  the  world. 


REPORT  OF  BOARD  OF   MEDIATION  AND  CONCILIATION. 


19 


Many  persons  confuse  the  meaning  of  the  terms  mediation  and 
arbitration  through  which  there  is  a  clear  and  well  defined  fine, 
running  between  the  duties  of  a  mediator  and  those  of  an  arbitrator, 
the  duties  of  a  mediator  being  of  an  entirely  different  character  from 
those  of  an  arbitrator  and  of  a  more  difficult  nature.  The  mediator 
is  a  harmonizer,  a  peacemaker,  a  go-between.  He  confers  with  the 
representatives  of  each  side  to  the  controversy,  gains  as  accurately 
as  may  be  a  clear  understanding  of  the  difference  between  them  and 
endeavors  first  to  find  some  common  ground  upon  which  the  parties 
themselves,  in  restored  friendly  attitude  toward  each  other,  may 
reach  amicable  settlement.  •  It  should  not  be  assumed  that  because 
a  controversy  was  settled  "through  mediation"  the  mediator  did  all 
the  settling.  It  is  because  he  did  not,  that  his  work  in  many  cases  has 
so  often  been  successful.  Notwithstanding  the  draft  upon  his 
patience,  frequently  his  last  resource,  he  must  keep  in  good  mood  and 
by  every  endeavor  eliminate  the  ill-feeling,  which,  in  some  cases,  by 
the  time  mediation  is  invoked,  has  forced  the  parties  into  intense 
antagonism.  At  the  beginning  of  some  of  the  cases  it  is  impossible 
for  the  parties  even  to  agree  to  confer  with  one  another.  Conferences 
being  held,  however,  a  better  relationship  is  restored,  and  by  process 
of  cancellation,  so  to  speak,  first  one  and  then  another  concession  is 
made  that  result  in  most  of  the  cases  in  understandings  and  settle- 
ment. The  mediators  make  no  decisions,  but  never  hesitate  to  express 
opinions  whenever  the  occasion  requires  in  aid  of  mediation.  There 
is  no  decision  against  either  party  and  neither  of  them  suffers  defeat. 
On  the  other  hand,  an  arbitrator  does  not  mediate  a  controversy,  he 
decides  it.  It  is  not  his  province  to  secure  settlements;  inevitable 
tangles  result  if  he  does.  His  duty  is  clear  and  he  must  never 
attempt  to  evade  it.  He  sits  in  judgment,  listens  to  each  side  as 
their  contentions  are  presented  and  their  proofs  offered,  and  after 
consideration  of  the  case  as  presented  renders  an  arbitrary  decision 
or  award,  the  terms  of  which  the  parties,  through  an  agreement 
negotiated  by  the  mediator,  have  agreed  to  accept  and  abide. 

Although  a  copy  of  the  Newlands  law  is  easily  available  to  the 
student  of  the  subject  (U.  S.  Statutes  at  Large,  vol.  38,  p.  103), 
for  the  convenience  of  the  general  reader  a  copy  is  attached  hereto 
a  brief  digest  of  which  is  as  follows: 

SCOPE   OF  LAW. 

(a)  Employers:  Interstate  common  carriers  by  railroad. 

(6)  Employees;  All  engaged  in  train  operation  or  train  service. 

ADMINISTRATION. 

(a)  Commissioner  and   Assistant  Commissioner  of  Mediation   and   Conciliation 
appointed  by  the  President.  ' 

(6)  Board  of  Mediation  and  Conciliation,  consisting  of  the  commissioner  and  two 
other  officials  of  the  Government  who  have  been  appointed  by  the  President,  by  and 
with  the  advice  and  consent  of  the  Senate,  and  designated  by  the  President  for  this 
purpose. 


20 


REPORT  OF  BOARIV  OF   MEDIATION  AND  CONCILIATION. 


(c)  Boards  of  arbitratioD,  of  three  or  six  persons,  a«  may  be  agreed,  selected  one- 
third  by  each  party  and  one-third  by  those  thus  chosen,  or,  in  default  of  such  selection, 
by  the  Board  of  Mediation  and  Conciliation. 

MATTERS   COGNIZABLE. 

Controversies  as  to  wages,  hours  of  labor,  or  conditions  of  employment  which  inter- 
rupt or  threaten  to  interrupt  the  business  of  the  employer  to  the  serious  detriment 
of  the  public  interest. 

JURISDICTION   DEFINED. 

By  request  of  either  part}-,  or  board  may  proffer  services. 

PROCEDURE. 

(a)  Mediation  and  conciliation  attempted  through  the  board,  which  failing— 
(6)  The  board  seeks  to  procure  the  submission  of  the  dispute  to  a  board  of  arbitration 
through  agreement  of  the  parties. 

AGREEMENT  TO   ARBITRATE. 

(a)  Must  be  in  writing,  signed  and  acknowledged  by  representatives  of  both  parties. 

(b)  Must  specify  the  questions  to  be  arbitrated. 

(c)  Must  determine  the  period  of  beginning  hearings  and  time  allowed  for  making 
award  (30  days,  unless  otherwise  agreed). 

(d)  Must  fix  date  and  length  of  term  of  operation  of  the  award. 

(e)  Must  provide  for  the  faithful  execution  of  the  award. 

(/)  Must  provide  for  filing  awards  and  papers  in  the  office  of  the  clerk  of  the  district 
court  of  the  United  States  of  local  jurisdiction,  to  be  final  and  conclu8i\e,  unless  set 
aside  for  error  of  law  apparent  on  the  record.  Provision  may  also  be  made  for  a  refer- 
ence to  the  same  board  or  a  subcommittee  thereof  of  any  dispute  as  to  the  meaning 
or  application  of  any  pro\ision  of  the  award. 

DUTIES   AND    POWERS   OF  THE   BOARD   OF  MEDIATION   AND   CONCILIATION. 

(a)  To  attempt  mediation  and  conciliation  on  the  request  of  either  party,  or 
voluntarily. 

(b)  To  seek  to  procure  arbitration  where  mediation  is  unsuccessful. 

(c)  To  appoint  the  neutral  arbitrator  or  arbitrators  where  the  repre8entati\'e 
arbitrators  fail  to  do  so. 

(rf)  To  take  acknowledgments  of  agreements  to  arbitrate. 

(e)  To  notify  arbitrators  of  their  appointment  and  fix  the  rate  of  their  compensation. 

DUTIES   AND  POWERS   OF   BOARDS  OF  ARBITRATION. 

(a)  To  administer  oaths  and  affirmations,  require  attendance  of  witnesses,  production 
of  books,  papers,  contracts,  etc. 
(6)  To  make  rules  for  the  conduct  of  hearings. 

(c)  To  employ  assistants  for  carrying  on  its  work. 

(d)  To  make  awards  in  accordance  with  the  terms  of  the  agreement  to  arbitrate. 

AWARDS. 

The  award  must  be  restricted  to  questions  specifically  submitted  to  the  board,  or 
to  matters  directly  bearing  thereon.  A  copy  must  be  furnished  to  each  party,  and 
one  copy  filed  with  the  clerk  of  the  United  States  district  court  of  the  locality.  A 
copy  of  the  award,  and  the  papers,  proceedings,  and  testimony  in  the  caae  must  be 
furnished  the  Board  of  Mediation  and  Conciliation  and  filed  in  its  office. 

APPEALS. 

Exceptions  may  be  entered  within  10  days  of  the  filing  of  the  award  "for  matter 
of  law  apparent  upon  the  record"  to  the  United  States  district  court.  An  appeal  on 
questions  of  law  may  be  taken  from  this  court  to  the  circuit  court  of  appeals  having 
jurisdiction,  within  10  days  after  its  rendition,  the  decision  on  this  appeal  to  be  final. 


REPORT  OF  BOARD  OF   MEDIATION  AND  CONCILIATION. 


21 


\ 


^ 


JUDGMENT  OF  COURT. 

Ten  days  after  an  award  is  filed  in  the  office  of  the  clerk  of  the  court,  or  10  days  after 
the  decision  on  the  exceptions  or  appeals,  if  such  are  taken,  the  awara  shall  go  into 
practical  operation,  if  sustained,  and  judgment  shall  be  entered  thereon  accordingly. 
If  the  exceptions  were  sustained,  the  award  shall  be  set  aside  in  whole  or  in  part;  but 
the  parties  may  agree  to  a  judgment  disposing  of  the  matter  in  dispute,  which  shall 
be  final. 

ENFORCEMENT, 

The  award  having  thus  become  a  judgment  of  a  comt,  statutory  ana  adequate 
jurisdiction  can  be  enforced  by  the  same  methods  as  in  other  judgments. 

Nothing  in  this  act  is  to  be  construed  as  requiring  an  employee  to  render  personal 
service  without  his  consent,  and  no  legal  process  may  issue  to  compel  such  service. 

There  have  been  but  two  mstances  in  the  history  of  the  present 
law  where,  mediation  having  been  unsuccessful,  the  mediators  could 
not  induce  the  parties  to  arbitrate,  and  in  both  of  these  it  became 
necessary  for  the  Board  of  Mediation  and  Conciliation,  on  its  own 
motion,  to  invoke  your  assistance.  In  each  case  your  invitation  to 
the  parties,  extended  through  the  mediators,  brought  them  promptly 
to  the  White  House,  with  results  which  it  is  worth  while  to  consider, 
as  in  both  cases  a  breakdown  of  the  law,  which  had  been  predicted, 
was  averted;  and  for  the  further  reason  that  pending  legislation  pro- 
viding for  compulsory  arbitration  or  its  equivalent  will  inevitably 
require  Executive  participation  in  every  concerted  movement  where 
the  pubhc  interest  is  seriously  involved. 

In  the  first  of  these  cases— the  Brotherhood  of  Locomotive  En- 
gineers and  the  Brotherhood  of  Locomotive  Firemen  and  Engine- 
men  against  98  roads  in  western  territory,  in  July,  1914— the  number 
of  employees  was  given  as  55,186;  the  mileage  of  the  roads  145,114; 
and  the  annual  increase  in  wages,   as  claimed  by  the  railroads,' 
amounted  to  $40,886,708.57,  all  of  which  impressively  indicate  the 
magnitude  of  the  interests  involved,  far  larger  than  in  any  previous 
case.     Mediation  proceedings  were  held  in  Chicago,  participated  in 
by  all  the  members  of  the  mediation  board,   extending  through 
several  weeks,  which  accomplished  nothing  because  the  managers' 
representatives  decHned  to  accept  any  of  the  proposals  of  the  medi- 
ators unless  the  counter  demands  of  the  companies  were  also  con- 
sidered.    In  other  words,  they  reasserted  the  same  position  which 
the  raih-oad  managers  had  taken  in  the  eastern  movement  of  con- 
ductors and  trainmen  in  1913,  which  they  finally  abandoned.     The 
employees  met  this  repeated  demand  with  emphatic  protest,  their 
contention  being  that  a  case  had  been  made  as  set  out  in  their 
demands  and  that  these  alone  were  the  subject  for  mediation.     Under 
these  conditions  it  became  the  duty  of  the  mediators  to  ''at  once 
endeavor  to  induce  the  parties  to  submit  their  controversy  to  arbi- 
tration in  accordance  with  the  provisions  of  this  act,''  but  all  their 
efforts  in  that  direction  were  unavailing.    Neither  side  would  yield. 
The  members  of  the  Board  of  Mediation  coincided  witt  the  position 
of  the  employees,  that  only  such  questions  as  arose  from  the  for- 


I 


22 


KEPORT  OF  BOARD  OF   MEDIATION  AND  CONCILIATION. 


REPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION. 


i& 


mulated  demands  presented  to  the  railroads  and  which  accom- 
panied the  request  for  mediation  services  could  properly  be  the 
subjects  of  arbitration,  and  accordingly  used  every  effort  in  their 
power  to  induce  the  representatives  to  submit  the  controversy  to 
arbitration  in  accordance  with  that  plan. 

In  this  impasse  the  board  decided  to  ask  your  assistance,  and  the 
following  correspondence  ensued: 

The  White  House, 
Washington,  August  2,  1914. 

My  Dear  Sir:  I  greatly  appreciated  the  opportunity  to  confer  yesterday  with 
you  and  the  committee  of  managers  associated  with  you,  and  with  the  representa. 
lives  of  the  engineers  and  firemen  employed  on  western  roads,  and  was  very  much 
gratified  indeed  by  the  frank  spirit  of  cooperation  with  which  I  was  met. 

I  am  sure  that  you  appreciated  the  extreme  gravity  of  the  situation  into  which  the 
country  and  your  roads  would  be  plunged  if  the  strike  now  threatened  should  un- 
happily occur.  In  view  of  world-wide  conditions,  unparalleled  in  recent  history, 
which  have  arisen  within  the  last  few  days,  it  is  obvious  that  the  suspension  of  busi- 
ness on  roads  serving  more  than  half  the  territory  of  the  United  States  would  be  a 
calamity  of  incalculable  magnitude.  The  situation  has  reached  a  crisis  which  hardly 
permits  a  full  consideration  of  the  merits  of  the  controversy,  and  I  feel  that  in  the 
circumstances  I  can  appeal  with  confidence  to  your  patriotism  and  to  your  regard 
for  the  public  welfare  to  make  whatever  sacrifice  is  necessary  to  avert  a  national 
disaster.  The  mediators  under  the  Newlands  law  were  impelled  to  propose  a  certain 
plan  of  arbitration  because  they  were  fully  convinced,  as  I  am  also  convinced,  that 
under  existing  conditions  no  other  peaceful  solution  of  the  dispute  is  possible.  For 
these  reasons  I  very  earnestly  urge  your  acceptance  of  that  plan,  even  though  you 
may  regard  it  as  in  some  respects  unfair  to  the  interests  you  represent;  and  I  am 
certain  that  in  so  doing  you  will  perform  an  invaluable  public  service  which  will 
be  everywhere  applauded  and  deeply  appreciated. 
Very  sincerely,  yours, 


Mr.  A.  W.  Trenholm, 

Chairman,  Conference  Committee  of  Managers. 


WooDROw  Wilson. 


Washington,  D.  C,  Augusts,  1914. 

Dear  Mr.  President:  Our  committee  has  been  fully  impressed  with  the  grave 
public  considerations  that  you  so  strongly  urged  upon  us  in  our  conference  of  Sat- 
urday with  you,  and  again  in  your  letter  delivered  to  us  last  night. 

Under  any  ordinary  circumstances  we  should  feel  that  our  plain  duty  to  the 
interests  committed  to  our  charge  would  not  merely  justify  but  would  require  us  to 
insist  upon  a  plan  of  arbitration  that  would  recognize  our  right  to  be  heard  upon 
claims  regularly  presented  on  our  behalf.  But  we  also  appreciate  keenly,  as  you 
have  pointed  out,  that  an  unparalleled  condition  has  arisen  which  hardly  permits 
«  full  consideration  of  the  merits  of  our  case,  and  which  constrains  you  to  ask  us  to 
waive  any  discussion  of  merits  and  accept  the  plan  of  arbitration  proposed  by  the 
mediators,  which  you  feel  convinced  offers  under  the  existing  circumstances  the 
only  possible  way  of  averting  a  disastrous  strike  upon  all  the  railroads  in  the  western 
half  of  the  United  States. 

In  view,  therefore,  of  the  situation  as  you  have  presented  it,  and  of  your  appeal 

to  our  patriotism  and  to  our  regard  for  the  public  welfare,  we  beg  to  express  to  you 

herewith  our  acceptance  of  the  plan  of  arbitration  proposed. 

Respectfully, 

A.  W.  Trenholm, 

Chairman,  Conference  Committee  of  Managers. 
The  President, 

The  White  House. 


>         « 


V 


An  arbitration  submission  was  immediatelv  executed,  and  the  case 
thenceforward  took  the  usual  course. 

The  second  case  which  called  for  Executive  intervention  was 
national  in  its  scope,  involving  every  railroad  in  the  United  vStates 
engaged  in  interstate  commerce,  and  grew  out  of  the  concerted 
demands  of  all  the  employees  members  of  the  Brotherhood  of  Loco- 
motive Engineers,  Brotherhood  of  Locomotiv  eFiremen  and  Enginemen, 
Order  of  Railway  Conductors,  and  Brotherhood  of  Railroad  Trainmen. 

At  last  a  crisis  had  been  reached  the  magnitude  of  which  vastly 
overshadowed  any  past  conditions.  For  the  first  time  in  our  history 
a  nation-wide  demand  was  made  by  the  most  powerful  of  the  labor 
organizations  of  the  country  for  a  basic  eight-hour  day  without 
reduction  in  wages  for  the  longer  hours  then  prevalent,  and  which 
everybody  thought  would  continue  under  more  or  less  varied  condi- 
tions, with  penalty  overtime  after  eight  hours. 

A  review  of  this  case  at  this  time  is  not  needed,  as  it  is  fresh  in 
the  memories  of  everybody.  The  result  was  a  call  of  all  the  parties  to 
the  White  House  upon  the  suggestion  of  the  Board  of  Mediation  and 
Conciliation,  to  avoid  the  measureless  calamity  to  the  entire  country 
that  appeared  to  be  imminent.  The  Adamson  law  (act  of  Sept.  3-5, 
1916,  39  Stats.,  721) — not  the  law  drafted  by  a  committee  composed 
of  Interstate  Commerce  Commissioner  Clark,  Assistant  Attorney 
General  Todd,  and  the  Commissioner  of  Mediation,  the  undersigned, 
appointed  by  the  President — ^was  hurriedly  passed.  It  was  thought 
at  the  time  that  it  was  the  concerted  product  of  the  interests  imme- 
diately involved,  and  this  thought  perhaps  stimulated  the  precipi- 
tate action  of  Congress.  Since  its  passage,  however,  none  of  these 
interests  has  claimed  parentage  or  acknowledged  responsibility  for 
its  enactment.  The  law,  however,  must  be  credited  with  unlocking 
at  the  moment  what  appeared  to  be  a  deadlock  in  the  greatest  of 
all  known  labor  controversies;  but,  like  all  makeshift  laws  and 
most  laws  enacted  as  expedients  under  pressure,  it  soon  lost  its 
influence  for  good,  if,  indeed,  it  ever  possessed  any,  and  now  occu- 
pies no  place  in  the  settlement  of  labor  disputes. 

During  the  existence  of  the  present  mediation  law,  from  the  date 
of  its  enactment,  July  15,  1913,  to  the  date  on  which  the  Govern- 
ment took  control  of  the  railroads,  all  classes  of  employees  subject 
to  its  provisions,  including  engineers,  firemen,  hostlers,  conductors, 
trainmen,  telegraphers,  signalmen,  towermen,  and  station  agents, 
received  larger  increases  in  wages  and  greater  curtailments  of  hours 
of  service  than  during  any  similar  previous  period;  also  many  im- 
provements in  conditions  of  service,  guaranteeing  their  participation 
in  the  revenue  results  of  their  labors. 

During  this  period  of  four  years  and  four  months  the  railroads 
enjoyed  a  prosperity  unsurpassed  in  any  previous  period  of  the  same 
length  in  their  history.     The  extent  to  which  traffic  increased  during 


24 


REPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION. 


this  period  may  be  seen  from  the  fact  that  passengers  carried  1  mile  in- 
creased from33,875,085,958  in  1913  to  39,476,858,549  in  1917,  while  the 
volume  of  freight  traffic  expanded  from  297,722,528,693  ton-miles  in 
1913  to  394,465,400,493  ton-miles  in  1917.  The  income  of  the  trans- 
portation companies  from  actual  rail  operations  was  $1,069,750,514  in 
1917,  as  compared  with  $829,863,000  in  1913,  which  up  to  that  time 
had  been  comparatively  a  very  prosperous  year.  The  net  revenue 
from  operation  for  each  mile  of  single  track  operated  increased  during 
this  period  $1,576.  By  the  end  of  June,  1917,  the  railroads  had 
increased  their  investment  in  road  and  equipment,  as  compared  with 
the  same  month  in  1913,  more  than  $2,000,000,000. 

During  this  period  roadbed  and  structures  were  improved  and 
strengthened,  heavier  tractive  power  and  cars  of  greater  capacity 
were  put  in  use,  train  and  car  loading  were  greatly  increased.  As  a 
result  of  this  managerial  policy,  and  in  the  face  of  wage  advances 
and  increases  in  other  elements  of  transportation  outlay,  the  labor 
and  other  costs  for  moving  each  ton-mile  of  traffic  actually  declined, 
and  because  of  the  development  of  this  increased  efficiency  of  labor 
and  operating  management  the  railroads,  despite  their  failure  to 
secure  authorization  for  advances  in  freight  rates  which  they  claim 
were  needed,  were  able  to  add  to  their  net  returns,  and  dividends 
which  they  actually  paid  advanced  from  $369,077,546  to  $381,851,480. 
The  percentage  of  stock  on  which  dividends  was  paid  was  materially 
increased,  the  physical  conditions  of  the  property  and  the  living  con- 
ditions of  the  employees  greatly  improved,  and  the  public  welfare  in 
many  respects  promoted.  All  these  benefits  were  brought  about 
with  very  small  additions  in  the  average  cost  of  transportation  of 
persons  and  property  within  the  period  covered  by  the  life  of  the 
present  mediation  law. 

During  the  period  from  July  15,  1913,  to  June  30,  1919,  the  services 
of  the  board  were: 


Number 
of  cases. 

Involving- 

Railroads. 

Employees. 

Requested  by- 
Railroads  in 

92 
74 

27 
2 

16 

392 

85 

50 

2 

67 

477,667 

23,211 

21,401 

135 

ys, 396 

E  mployees  in 

Jointly  in 

The  public  in 

And  tendered  to— 

Railroads  and  employees  jointly,  in  the  absence  of  any  request  in 

148 

586 

620,810 

Disposition  was  made  of  these  148  cases  as  follows: 
Settled  by— 

Mediation  alone jq 

Mediation  and  arbitration 21 


The  parties  before  mediation  began n 

The  parties  after  mediation  began g 

Congressional  action  (Adamson  law) 


91 


19 
1 


111 


EEPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION.  25- 

Mediation  suspended  or  discontinued 3 

No  action  taken  by  board,  because  existing  controversy  did  not  come 

within  provisions  of  Newlands  law n 

Controversy  abandoned  by  employees 2 

Agreement  on  some  points  reached  in  mediation,  and  mediation  discontinued 

before  final  settlement  because  of  roads  being  taken  under  Federal  control . .      2 
Removed  from  jurisdiction  of  board  before  mediation  began,  because  of  roads 

being  taken  under  Federal  control 14 

Services  of  board  declined  by — 

Railroads 2 

Employees j 

3 

35 

Cases  j)ending » 

Total  number  of  cases i4g 

In  these  cases,  first  and  last,  every  dollar  of  the  $16,000,000,000 
invested  in  railroads  and  every  one  of  the  400,000  employees  in 
transportation  service  were  directly  concerned,  and  all  parties 
enjoyed  the  impartial  judgment,  the  sympathetic  responsiveness,  and 
the  highest  endeavors  of  those  charged  with  the  administration  of  the 
law.  It  is  fairly  inferable  that  the  services  of  the  United  States 
Board  of  Mediation  and  Conciliation  in  assisting  in  bringing  about 
quick  and  amicable  adjustments  of  railroad  labor  controversies  had 
Some  measurable  part  in  producing  the  prosperity  above  referred  to. 
As  a  matter  of  fact,  by  preventing  dislocations  and  stoppage  of  work, 
it  made  this  prosperity  possible.  Holding  steadily  to  the  principle 
that  its  highest  duty  under  the  law  was  to  the  traveling  and  shipping 
public,  the  board  was  not  an  unimportant  factor  at  all  times  in  the 
maintenance  of  rapid,  safe,  and  iminterrupted  transportation  service, 
such  as  the  country  had  never  enjoyed  before. 

The  true  expression  of  all  labor  is  productivity,  another  term  for 
wealth. 

When  that  class  of  society  which,  by  accident,  inheritance,  or 
selection,  controls  and  directs  the  use  of  capital,  concludes  to  act  upon 
the  principle  that  in  the  distribution  of  this  wealth  a  fair  share 
should  be  given,  irrespective  of  the  cost  of  living,  to  another  class  of 
society  whose  hands,  muscles,  sweat,  risk,  and  hardships  helped  to 
produce  it;  and  when  this  latter  class  that  actually  performs  the 
manual  labor  of  production  recognizes  the  principle  that  investors  in 
honestly  capitalized  industries  are  entitled  to  their  just  share  of  the 
wealth,  then,  and  not  until  then,  will  these  two  classes  be  able  to 
assemble  around  the  council  tables  on  equal  terms  and  conduct 
negotiations  that  will  guarantee  the  industrial  rest  to  which  society 
is  entitled. 

Only  a  few  decades  ago  one-fourth  of  the  productivity  of  American 
labor  was  the  fruit  of  hands  shackled  in  human  slavery  and  the  other 
three-fourths  was  largely  wrought  out  imder  the  autocratic  ''Come" 
and  ''Go"  of  captains  of  industry.     Before  the  great  World  War 


I 


26 


REPORT  OF  BOARD  OF   MEDIATION  AND  CONCILIATION. 


began,  only  five  years  ago,  in  one  of  the  most  powerful  nations  with 
which  our  country  became  an  ally,  there  was  a  law  in  active  enforce- 
ment that  permitted  a  man  to  be  shot  who  exercised  the  right  to 
strike,  and  in  another  of  these  allied  nations  there  was  a  law  under 
which  a  man,  who,  in  concert  with  others,  quit  work,  could  be  drafted 
into  the  army  and  required,  under  military  discipline,  to  perform  the 
work  which  as  a  free  man  he  had  declined  to  perform. 

The  great  war  has  suddenly  thrust  upon  the  councils  of  the  nations 
many  problems  which  will  require  the  best  thought  of  the  future 
statesmen,  but  none  is  more  important  than  the  labor  problem,  re- 
garded by  many  as  most  difficult  of  all,  yet  the  one  susceptible  of  the 
easiest  and  most  enduring  solution  by  these  two  elements  of  society 
dealing  directly  with  each  other.  Throw  wide  open  the  door  of  the 
council  room  where  the  representatives  of  capital  have  been  wont  to 
hold  their  collective  bargaining  meetings  in  secret;  open  equally  wide 
the  door  that  leads  to  the  lodge  room  where  ' '  the  ways  that  are  dark 
and  the  tricks  that  are  vain"  have  too  frequently  been  concocted. 
''Let  a  little  sunshine  in."  The  public,  whose  servants  both  parties 
are,  has  a  right  to  know  and  to  have  equal  voice  in  these  councils. 
Meet  each  other  like  free  men,  upon  absolutely  equal  terms,  without 
waiting  until  the  trouble  is  in  existence  or  even  imminent.  The  day 
has  come  when  all  parties  must  be  accorded  a  voice  in  the  coun- 
cils that  determine  in  advance  the  nature  of  the  service  to  be  per- 
formed and  determine  the  distribution  of  its  productivity.  If 
capital  will  grip  this  principle  and  labor  adopt  it  in  true  allegiance, 
both  invoking  the  golden  rule  as  a  solvent,  there  will  be  no  longer 
cause  for  invoking  compulsory  arbitration.  Congress  will  be  re- 
lieved of  its  most  embarrassing,  ever  recurrent,  problem;  the  public 
will  rejoice  in  a  deep  sense  of  security,  employers  and  employees  will 
become  members  of  a  conmion  brotherhood,  with  strikes  and  lock- 
outs only  industrial  reminiscences. 

This  is  not  a  chimeric  prophecy.  Such  conditions  already  exist  in 
certain  industries  of  large  magnitude  employing  thousands  of  men 
constituting  whole  communities.  The  value  of  the  products  of  one 
of  these  enterprises  for  the  year  ending  June  30, 1919,  was  $33,500,000; 
the  number  of  men  employed,  5,500;  the  average  weekly  wage  in- 
creased from  $15.03  during  ^ve  years  to  $32.44;  the  value  of  the 
product  increased  from  $9,000,000  to  $33,500,000.  While  wages 
were  thus  increased  110  per  cent  (considerably  beyond  the  increased 
cost  of  living  in  that  locality  during  that  period)  and  the  cost  of 
materials  used  in  manufacture  increased  50  per  cent,  services  out- 
stripped both  wage  and  material  increases  with  the  remarkable  con- 
sequence that  the  company  has  found  it  necessary  to  increase  the 
cost  of  the  finished  product  to  the  consumer  by  only  10  per  cent. 
The  net  increase  in  manufacturing  cost  was  only  7  per  cent. 

The  record  of  another  company  operating  rolling  mills,  a  blast 
furnace,  and  extensive  coal  mines  in  different  parts  of  the  country, 


•♦ 


REPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION.  27 

employing  thousands  of  men,  with  products  exceeding  $50,000,000 
in  value,  has  been  operating  about  20  years  and  has  never  had  a 
strike  and  is  running  to-day  with  an  actual  per-man  production 
greater  than  before  the  armistice.  There  is  nothing  strange  in  the 
cases  here  referred  to.  They  illustrate  the  fundamental  principle  of 
industrial  democracy,  which  is  nothing  more  than  the  Golden  Rule  in 
practical  application. 

But  some  will  say  that  such  principles  are  too  Utopian  to  be 
applied  to  a  nation-wide  condition  of  unrest  that  shakes  the  founda- 
tions of  republican  government,  threatens  to  plunge  society  at  large 
into  industrial  convulsions,  and  which  can  only  be  averted  by  a  law 
of  Congress  with  ''teeth"  in  it,  whatever  that  may  mean— compul- 
sion in  some  form,  assuredly.  Let  this  be  conceded  with  this  amend- 
ment: What  kind  of  compulsion?  Is  the  compulsion  to  consist  of 
fines  and  imprisonments,  contempt  proceedings,  and  injunctions, 
which  always  have  increased  the  trouble  they  were  intended  to 
prevent  ?  Or  shall  the  compulsion  exist  in  a  law  constructed  along 
the  lines  of  existing  law  preserving  inviolate  the  principle  of  volun- 
tary invocation  ?  Its  provisions  should  be  made  so  fair,  so  safe,  so 
attractive  that  neither  of  the  parties  to  a  controversy  could  afford 
to  ignore  its  appeal  to  reason,  or  the  one  that  did  would  encounter 
the  condemnation  of  society,  without  whose  sanction  no  cauee  is  just. 

Appropriations  to  meet  the  cost  of  the  work  of  the  board  have 
never  been  large,  when  compared  with  its  character  and  volume, 
but  always  ample. 

The  sum  of  appropriations  made  for  the  board  during  the  six  years 
since  its  creation  (July  15,  1913,  to  June  30,  1919)  totals  $335,000, 
an  approximate  average  of  $55,834  per  year,  as  follows: 

1914.  Regular  appropriation 125  OOO 

Deficiency  appropriation 10,  oOO 

Deficiency  appropriation 40,  ooO 

1915.  Regular  appropriation 50  000 

Deficiency  appropriation jq,  000 

ioi«    o       ,  •     .  ^ 60,000.00 

191b.  Kegiilar  appropriation 50  qqq  qq 

1917.  Regular  appropriation 5^'  qqq  qq 

1918.  Regular  appropriation 50'  qqq  qq 

1919.  Regular  appropriation 50'  qqq  qq 

Total  appropriations 335, 000.  00 

^^P^"^^^ 245,117.01 

Unexpended  balance 89  882  99 

These  unexpended  balances,  approximating  a  yearly  average  of 
$15,000,  have  from  year  to  year  been  covered  into  the  United  States 
Treasury,  as  no  unexpended  balances  ever  were  reappropriated. 
Unexpended  balances  resulted  partly  from  the  fact  that  provision 
was  made  for  arbitrating  certain  cases  that  appeared  likely  to  go 


I 


28  KEPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION. 

to  arbitration  when  the  various  estimates  were  made.  Those  cases^ 
however,  were  finally  settled  through  mediation  and  did  not  progress 
to  the  arbitration  stage. 

Of  the  total  expenditures  of  $245,117.01,  the  sum  of  $98,343.72,  or 
29f  per  cent  of  the  total  appropriations,  was  applied  to  the  expenses 
of  arbitration  proceedings,  as  follows: 

To  aroitrators  and  clerical  assistants  to  arbitration  boards  for — 

Compensation $42,767.95 

Transportation 2, 491.  82^ 

Subsistence  and  other  travel  expenses 7. 952.  0^ 

Stenographic  reports  of  testimony 43^  328.  90 

I*rinting ";'  1.' 643.  75 

Telegrams  and  miscellaneous  items 159.  2I 

Total 98, 343.  72" 

The  balance  of  the  total  expenditures,  amounting  to  $146,773.29, 
or  43|  per  cent  of  the  total  appropriations,  was  applied  to  adminis- 
trative purposes,  as  follows  : 

Salaries.... 191  501.  2:^ 

Compensation  to  temporary  clerical  assistants 12, 169.  94 

Transportation  of  mediators 7  944,  21 

Subsistence  and  expense  of  mediators  while  in  a  travel  status 10, 628.  42 

Communication  service: 

Telegraph $2,155.74 

Telephone 1,168.95 

3. 324.  6^ 

Stationery ]^  182.  52- 

Pfiiiting 2.798.63 

File  cases  and  other  equipment 1, 905.  56^ 

Rent 14,545.00 

Books  of  reference,  and  other  miscellaneous  items 773.  09 

Total 146,773.29- 

And  there  was  covered  into  the  Treasury  26^  per  cent  of  the  total 
appropriations,  in  unexpended  balances,  amounting  to  $89,882.99. 

Summary. 


Expended  for— 


Administration. 
Arbitrations... 


Total  expended 

Unexpended  IxUances  covered  into  the  Treasury. 


Total  appropriations. 


Amount. 


$146,773.29 
98,343.72 


245,117.01 
89,882.99 


335,000.00 


Percent 

of  total 

appro- 

pnatlons 

made. 


43| 

291 


73i 
26| 


100 


From  the  foregoing  statement  it  will  be  seen  that  the  cost  of  admin- 
istration of  the  law  has  been  kept  within  less  than  one-half  of  the 
total  appropriations;  that  something  over  one-quarter  has  been 
applied  to  meet  expenses  of  the  comparatively  few  cases  that  went 
to  arbitration;  and  that  more  than  one-quarter  of  the  total  appro- 
priations have  been  covered  back  into  the  Treasury. 


REPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION. 


29 


Early  in  the  life  of  the  board  it  was  decided  that  its  work  could  be 
more  expeditiously  and  satisfactorily  performed  by  holding  the 
mediation  sessions  at  points  where  the  trouble  existed.  While  this 
plan  increased  the  cost  to  the  Government  somewhat,  we  now  know 
from  experience  that  it  was  the  wisest.  The  policy  and  the  prac- 
tice of  the  board  has  always  been  to  get  a  representative  ''on  the 
ground"  before  an  actual  stoppage  of  train  movement  had  occurred, 
regardless  of  the  source  from  which  information  of  trouble  came. 
Generally  speaking,  the  requests  came  from  one  or  the  other  of  the 
parties,  and  not  infrequently  all  parties  joined.  In  some  instances 
the  requests  came  from  State  and  local  officials,  chambers  of  com- 
merce, and  occasionally  through  Senators  and  Representatives. 

In  a  few  of  the  more  important  cases  sessions  of  the  full  board  have 
heen  held  in  New  York  and  Chicago,  continuing  for  many  days,  but 
as  a  general  rule  a  case  would  be  mediated  by  a  single  member,  fre- 
quently conducting  two  cases  at  the  same  time.  Mediation  con- 
ferences have  been  conducted  at  Bangor,  Me. ;  St.  Albans,  Vt. ;  Bos- 
ton, Mass.;  New  Haven,  Conn.;  New  York,  Albany,  Buffalo,  Roch- 
ester, and  Syracuse,  N.  Y.;  Cleveland,  Cincinnati,  Columbus,  and 
Steubenville,  Ohio ;  East  St.  Louis  and  Taylorville,  111. ;  Portland  and 
Baker,  Oreg. ;  San  Francisco,  Calif. ;  Denver,  Colo. ;  Kansas  City, 
St.  Louis,  and  Hannibal,  Mo. ;  Detroit  and  Manistee,  Mich. ;  Bain- 
bridge,  Savannah,  Augusta,  Atlanta,  Gainesville,  and  Valdosta,  Ga.; 
Norfolk,  Va.;  Wilmington,  N.  C;  DeQueen,  Ark.;  Jacksonville, 
Pensacola,  and  Port  St.  Joe,  Fla.;  Galveston,  Houston,  Dallas,  and 
Tyler,  Tex. ;  Winnfield,  Shreveport,  and  Monroe,  La. ;  Gulf  port,  Miss. ; 
Louisville,  Ky.;  Nashville,  Tenn.  Practically  all  of  the  controver- 
sies arising  in  what  is  known  as  the  southeastern  territory,  com- 
prising the  railroads  east  of  the  Mississippi  River  and  south  of 
the  Ohio  River,  also  the  Baltimore  &  Ohio  and  the  Pennsylvania 
Railroads,  are  mediated  at  the  offices  of  the  board. 

Much  of  the  time  of  the  commissioner,  the  assistant  commissioner, 
and  the  assistant  to  the  commissioner  has  necessarily  been  occupied 
at  points  distant  from  Washington.  In  many  instances  the  calls 
upon  the  board  have  been  of  such  number  and  character  that  all  of 
its  agencies  have  been  engaged  at  the  same  time  in  different  parts  of 
the  country,  in  some  cases  for  many  days  continuously. 

Upon  the  transfer  of  Assistant  Conmiissioner  Hanger  to  the  Rail- 
road Administration  at  your  request  on  June  1,  1918,  WiUiam  H. 
Smith,  the  secretary  of  the  board,  was  appomted  assistant  to  the 
■commissioner,  and  since  that  date  has  performed  the  services  there- 
tofore performed  by  the  assistant  commissioner  under  the  act. 

William  L.  Chambers. 


30 


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32  REPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION. 


REPORT  OP  BOARD  OF  MEDIATION  AND  CONCILIATION. 


33 


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REPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION. 


REPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION.  37 


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KEPOKT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION. 


REPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION. 


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REPOBT  OP  BOAKD  OF  MEDIATION  AND  CONCILUTION. 


.1 


DIGEST  OF  ARBITRATIONS. 


RAILROADS  IN  EASTERN  TERRITORY  AND  ORDER  OF  RAILWAY  CON. 
DUCTORS.  BROTHERHOOD  OF  RAILROAD  TRAINMEN. 

1.  Parties  involved — 

(a)  Baltimore  &  Ohio  Railroad. 

Baltimore  &  Ohio  Southwestern  Railroad. 
Bessemer  &  Lake  Erie  Railroad. 
Boston  &  Albany  Raiboad. 
Boston  &  Maine  Railroad. 
Buffalo,  Rochester  &  Pittsburgh  Railroad. 
Buffalo  &  Susquehanna  Railroad. 
Central  New  England  Railroad. 
Central  Railroad  of  New  Jersey. 
Chicago,  Indianapolis  &  Louisville  Railroad. 
Chicago,  Indiana  &  Southern  Railroad. 
Chicag:o,  Terre  Haute  &  Southeastern  Railroad. 
Uncinnati,  Hamilton  &  Dayton  Railroad. 
Cincinnati  Northern  Railroad. 

Cleveland  Cincinnati,  Chicago  &  St.  Louis  Railroad. 
Dayton  &  Union  Railroad. 
Delaware  &  Hudson  Railroad. 
Delaware,  Lackawanna  &  Western  Railroad. 
Detroit,  Toledo  &  Ironton  Railroad. 
Grand  Rapids  &  Indiana  Railroad. 
Hocking  Valley  Railroad. 
Kanawha  &  Michigan  Railroad. 
Lake  Ene  &  Western  Railroad. 
Lake  Shore  &  Michigan  Southern  Railroad. 
Lehigh  &  Hudson  River  Railroad. 
Long  Island  Railroad. 
Maine  Central  Railroad. 
Michigan  Central  Railroad. 
New  York  Central  &  Hudson  River  Railroad. 
New  York,  Chicago  &  St.  Louis. 
New  York,  New  Haven  &  Hartford  Railroad. 
New  York,  Ontario  &  Western  Railroad. 
New  York,  Philadelphia  &  Norfolk  Railroad. 
Pennsylvania  Lines,  East. 
Pennsylvania  Lines,  West. 
Philadelphia  &  Reading  Railroad. 
Rutland  Railroad. 
Toledo  &  Ohio  Central. 
Vandalia  Railroad. 
Western  Maryland  Railroad. 
Wheehng  &  Lake  Erie  Railroad, 
^anesville  &  Western  Raib-oad. 
(6)  Order  of  Railway  Conductors,  and  Brotherhood  of  Railroad  Trainmen 
2    Dnu  nrhilT^^^^""^  approximately  16,000  conductors  and  76,000  trainmen. 
Z.  Date  arbitration  hearing  6€5ran.— September  11,  1913. 
6.  Date  of  award. —NovemheT  10,  1913 
ir^t'rS^Z^^  mwZf.9.-(a)  No  attempt  was  made  to  standardize  rates  of  pay  and  work- 
bTtwL^n  &n^^^^^^^  and  West,  but  effort  was  made  to  st^fdlrdke  rat^ 

fZ^ZI^     1^1  i^^  ^^^^K  because  of  similarity  in  working  conditions  and  rates  of  Dav 
for  other  ski  ledwork^  were  practically  uniform  in  these  sections  ^^ 

ered  thS  t^i  iZ?  had  advanced  7  per  cent  during  1910-1912  and  the  board  consid- 
ered tins  the  basic  factor  in  making  their  wage  award.    They  therefore  granted  a 

61 


f 
/ 


I 


62 


REPORT  OF  BOARD  OF  MEDIATION  AND  CONCnjATIOlT. 


of  tL  t™?n^.f  "^^'  '^bor  responsibility  and  the  increased  productivity  of  the  work 

raS  Z^m^'^oit^.Te^;^!.'^  ""  ^"^«"^  '«'»«■'" '-'--"  '-*«'-*  and  pa»e„g«r 
Ja|:^ISeTXtL--i;;;Ci;7rir,hTs"e^e^^ 

p"a%rn?:?r?Lr:;^<!j[o^rwTo'?pe?at  J^[-T'°-''  ■'a^seientiiir^''fr?^S 
*^P*rmr*irn^^X^^'*oi^l^*   RAILROAD   AND   BELT   RAILWAY  CO 

,      _        .  1913. 

1.  Fartus  involved— 

(a)  Chic^o  &  Western  Indiana  Railroad. 

Jielt  Railway  Co.  of  Chicago. 
(0)  Brotherhood  of  Locomotive  Engineers. 
Brc»therhood  of  Locomotive  Firemen 
9    nnu  ^ff  T^^f'  Brotherhood  of  Railroad  Trainmen, 
o    i;"'^  orb'tratian  hearing  began.—Augmt  28  1913 
d.  Bate  of  award—September  17,  1913 

neere  employed  m  work-train  service  in  the  Chic^oTerm°nal  d^triet  from  *I  ???; 
^'^n^clXTrS'^  ^""^ '"'  ''^■«''™-  increalLTfhe'rn^&^wl^i? 

wiL"?r?nl"e Srr'^^^lVSrw'S:  SSSl^  ''«'^^-     ^"^^  "^^  '"■« 

™wYvTo^«D«^--„Og«*0?=o«^^^^^^^^ 

1.  Parties  involved. — 

(?)  Chicago,  Burlington  d-  Qiiincy  Railroad. 

(6)  Brotherhood  of  Railroad  Trainmen, 
o    n  P^^^J"  of  J^ailway  Conductors. 

Q     nf  orjn^ration  hearing  began.— i^ovemher  3.  1913. 
6.  Uate  of  award. — February  19  1914 

Bi"ke^L7.^fed^ScJ:LL""o'nTS^^ 

^/■^'^  terVeTsVT'"^^'  ^  the"prenge;\':;vic^e?fnr^L'inXTf 
m^ere^onSdiW^on"^  """""^  ''"'"  «^^  '•y  '"«'"«°-  "o  <='«^<'  b3ng 
of  ™v^  wl^r  'f  't*  suhurbajj  service  gained  from  3.3  per  cent  to  4.2  per  cent  in  rata. 

any  of  the  other  services.    Conductors  were  given  increases  kiging  fr^m  3.6^ceS 


REPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION. 


63 


^J^'olr'T^V  P®  ^creases  granted  baggagemen  ranged  from  3.7  per  cent  to  14.9 
per  cent.    The  brakemen  received  increases  of  from  3  per  cent  tr>  22.5  per  cent 
d,wnjr«?qi^9n^^,.''    pay  for  passenger  trainmen  were  established  as  follows:  Con- 
ductors, $134.20  per  month;  baggagemen,  $80.85  per  month:  brakemen   $74  90  Der 

Tn^u^i^^'TJl^-^  r  ^."°i^'  with' overtime  mtes  of  38.5  cent^Vr  W  for 
conductors  and  25.3  per  hour  for  baggagemen,  brukemen,  and  flagmen. 

^E"B^?T*RYn  POinc*  J^^i?^^JkSl^S»™^H  TERMINAL,  AND  WEST 
bIDE  BELT  RAILROADS,  AND  ORDER  OF  RAILROAD  TELEGRAPHERS 

1.  Parties  involved. — 

(a)  Wabash  and  Lake  Erie  Railroad. 

Wabash-Pittsburgh  Terminal. 

West  Side  Belt  Railroad. 
(6)  Telegraphers. 

Telephoners. 

Station  agents. 


.Qi 


ignalmen. 

2   Date  arbitration  hearing  began.—Decemher  29,  1913. 
3.  IJate  of  aw;rtrr/.— January  13,  1914. 

liHof  n?Thi  ZTv';ir7^t  t^^^^^^^^JPrised  a  series  of  17  articles,  containing  a  defi- 
io^rnromotrn  riitf  ^  telegmpher  is  expected  to  do.  an  exact  stktement  of  hours  of 
^ork,  promotion  rights,  seniority  list,  overtime  rates,  minimum  rates  of  pav  transfers 
Buspeanons,  vacation  rights,  passes,  etc.  ^  ^'  iransters, 

pav  o1  f  f^nVr'^nlLTh^l^^^        ^  *^^  '^^^^  ^^/>^  ^"^'^  ^°^^^^'^  ^"^  ^^^^^  «f  rates  of 

thfb^ oftdTs  w^k^p^^^^^^  n^rts^^t^""^^^  """^^^  ^^^'^^^^'^^  -*^^^^^ 

SOUTHERN  RAILWAY  AND  MAINTENANCE-OF-WAY  EMPLOYEES.. 


1.  Parties  involved. — 


1913. 


(a)  Southern  Railway. 


(6)  Maintenance-of-way  employees. 
2.  Date  arbitration  hearings  began.— November  17.  1913. 
6.  Date  of  award.— December  17,  1913. 

fortmprTrnp?;^!';'^;;'^^-^"^  involved  were  wage  increases  of  $4  per  month  for 
foremen,  7^  per  cent  for  bndgemen,  carpentera,  masons,  painters,  pile-driver  en^neera- 
section  and  extra  gang  apprentices,  10  cents  per  day.  '  P"e-anver  engineers, 

forempn  «nH  10.^^'^'^^''^''.^'^^''^^'^  ^  ""^^  ^^^^^*««  «^  ^  P^'  ^^onth  to  extra  gang 
Xbye^we'reSw^^^^  ^^P""^""     ^^^  '"^^^  ^^  ^^^  -^^^  ^-  «^-  ^1-S  o! 

NEW  YORK,  CHICAGO  &  ST.  LOUIS  RAILROAD  AND  ORDER  OF  RAILROAD 

TELEGRAPHERS. 

1.  Parties  involved — 

(a)  New  York,  Chicago  &  St.  Louis  Raihroad. 
(6)  Telegraphers. 

Station  agents. 

Signalmen. 

2.  Date  arbitration  hearings  began. — ^May  25  1914 

3.  Date  of  atvard.— June  13,  1914.  ' 

setenTtIcL''\t^^^^  °^  the  employees  were  presented  in  a  series  of 

foT^o  woriS^co^^^^^^^^^  *°  '^'  '"*^  ^^  P^y  ^°^  ^«^1^  ^^  overtime  work,  and 

be^^d^oD^ed"^  ^'kr^ivfr J- ""  ^^^^Tl*^!*  ^  minimum  wage  scale  of  $65  a  month  should 

oe  adopted,    l^or  overtune  work  the  board  awarded  a  rate  of  30  cents  per  hour  for 

the  first  two  hours  and  35  cente  per  hour  thereafter.  ^  ^^ 

Respecting  the  request  for  an  expense  allowance  of  $1  per  day  reeularlv  asfli^M 

r^iSthe^o^r^n  "'  ''^''  '^r.  ^^^^.  ^^^  offices.^the  bLrd^wa^^^^^^^^ 
bv  «„r?^«!?^i       P^^  ^  P^^.^y  additional  expense  actually  and  reasonably  incurred 
r^?i  nf  rfo  P.^°%^^i  """^  exceeding  $1  per  day  in  case  of  such  transfer     RSine^B 
cr^  ?S:J^'.&l?^r;o^^  °^  *H?l  ^'.26.5  per  cent  of  the  whole^d J^§  '^. 
creases,  ranging  from  $1.25  (2  per  cent)  to  $14  (27.5  per  cent)  per  month.    Rates  of 


2. 
3. 

4. 


64  REPOBT  OP  BOARD  OP  MEDIATION  AND  CONCILIATION. 

pay  for  overtime  work  after  the  second  hour  by  telegraphers  were  increased  from  30 
to  .io  cents  an  hour. 

Changes  in  working  conditions  as  a  result  of  the  arbitration  award  included  a  re- 
duction in  the  regular  hours  of  service  in  one-man  positions  from  12  to  11  consecutive 
nours  including  meal  hour,  and  a  stipulation  for  the  paj-ment  of  overtime  after  six 
hours  service  on  Sunday  as  compared  with  overtime  payments  for  Sunday  work  on 
the  same  basis  as  week-day  work  prior  to  the  award. 

^  ™??ii^«E^95S?^  RAILROAD  AND  BROTHERHOOD  OF  LOCOMOTIVE 

^v^JmIS^iL^'^  brotherhood  of  locomotive  firemen  and 

tiXN  fjrllN  Uj  MEN, 

1.  Parties  involved — 

(a)  Georgia  &  Florida  Railroad. 

(b)  Engineers  and  firemen. 

Date  arbitration  hearings  began. — April  28,  1914. 

Date  ofaward.—lisLy  9,  1914. 

GeTiemI  results. —The  board  of  arbitrators  (one  member  dissenting)  awarded  in- 
creases in  the  rates  of  pay  of  engineers  and  firemen  ranging  in  passenger,  freight 
mixed  and  work  train  service  from  10  to  13.3  per  cent.    In  switching  service  an  inl 
crease  of  approximately  8  per  cent  was  awarded,  a  sUghtly  greater  increase  being 
granted  in  the  rates  of  pay  of  hostlers.  o     ..  o  s 

The  issues  involved  in  this  caae  were  increased  rates  of  pav  for  locomotive  engineers 
ranging  from  11  per  cent  in  local  freight  to  16.7  per  cent  in' passenger  service,  and  in 
tlie  case  of  overtime,  increases  of  from  13  per  cent  in  branch  service  to  25  per  cent  in 
passenger,  freight,  and  mixed  train  service. 

Increased  rates  of  pay  for  firemen,  equivalent  to  55  per  cent  of  engineers'  rates  aa 
compared  with  50  per  cent  under  the  then  existing  scale. 

^^,^SP^?J?L  ^^^"^^^N  TERRITORY  AND  BROTHERHOOD  OF  LOCOMO- 
AND  ENGIiSeMEN  ^^^  BROTHERHOOD   OF  LOCOMOTIVE   FIREMAN 

1914>15. 

1.  Parties  involved. — The  following  western  roads: 

(a)  Atchison,  Topeka  &  Santa  Fe  Railwav,  eastern  lines. 
Atchison,  Topeka  &  Santa  Fe  RailwaV,  western  lines. 

Southern  Kansas  Railway  of  Texas. 

Pecos  &  Northern  Texas  Railway. 

Pecos  River  Railroad. 

Rio  Grande  &  El  Paso  Raihoad. 
Atchison,  Topeka  &  Santa  Fe,  coast  lines. 

Grand  Canyon  Railwav. 
Atcluson,  Topeka  &  SanUFe,  Santa  Fe,  Preecott,  and  Phoenix  lines. 

Gulf,  Colorado  &  Santa  Fe  Railway. 

Texas  &  Gulf  Railway. 

Gulf  &  Interstate  Railway  of  Texas. 

Concho.  San  Saba  &  Llano  Vallev  Railroad. 
Baltimore  &  Ohio  Chicago  Terminal  Railroad. 
Belt  Railway  of  Chicago  (firemen  only). 
Canadian  Northern  Railway. 

Duluth,  Winnipeg  &  Pacific  Railway. 
Canadian  Pacific  Railway,  lines  west  of  Fort  William. 
Chicago  &  Alton  Railroad. 
Chicago  &  Northwestern  Railwav. 

Pierre  &  Fort  Pierre  Bridge  Railway. 

Pierre.  Rapid  City  &  Northwestern  Raihx)ad. 

Wyoming  &  Northwestern  Railway. 
Chicago  &  Western  Indiana  Railroad  (firemen  only). 
Chicago,  Burlington  &  Quincy  Raihoad. 
Chicago  Great  Western  Railroad. 
Chicago  Junction  Railway. 

Chicago,  Milwaukee  &  St.  Paul  Railway,  eastern  lines. 
Chicago.  Milwaukee  &  St  Paul  Railway,  Pudget  Sound  lines. 

Pellingham  &  Northern  Railroad. 
Tacoma  Eastern  Railroad. 
Chicaeo,  Rock  Island  &  Pacific  Railwav. 

Chicago,  Rock  Island  &  Gulf  Railway. 
Chicago,  St.  Paul,  Minneapolis  &  Omaha  Railway. 


REPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION. 


65 


I .  •  Parties  involved— Continued . 

(a)  Colorado  &  Southern  Railway. 

Davenport,  Rock  Island  &  Northwestern  Railway. 
Denver  &  Rio  Grande  Railroad. 
Duluth,  South  Shore  &  Atlantic  Railway. 

Mineral  Range  Railroad. 
El  Paso  &  Southwestern  Railway 
Fort  Worth  Belt  Railway. 
Fort  Worth  &  Denver  City  Railway. 

Wichita  Valley  Railway. 
Great  Northern  Railway  System. 
Illinois  Central  Railroad. 

Yazoo  &  Mississippi  Valley  Railway. 
International  &  Great  Northern  Railway 
Kansas  City.  Clinton  &  Springfield  Railway. 
Kansas  City  Southern  Railway. 

Texarkana  &  Fort  Smith  Railway. 
Kansas  City  Terminal  Railway. 
Louisiana  &  Arkansas  Railwav. 
Minneapolis,  St.  Paul  &  Sault  Ste.  Marie  Railway. 
Missouri  &  North  Arkansas  Raiboad. 
Missouri,  Kansas  &  Texas  Railway. 

Missouri,  Kansas  &  Texas  Railway  of  Texas. 

Beaumont  &  Great  Northern  Railroad. 

Texas  Central  Railroad. 

Wichita  Falls  Lines. 

Missouri,  Oklahoma  &  Gulf  Railway. 
^^^\»^^^  Pacific  Railway  and  St.  Louis,  Iron  Mountain  &  Southern 

New  Orleans,  Texas  &  Mexico  Railroad. 

Oregon  &  Northwestern  Railroad. 

Beaumont,  Sour  Lake  &  Western  Railway. 
Northern  Pacific  Railway. 
Oregon  Short  Line  Raiboad. 
Oregon- Washington  Railroad  &  Navigation  Co. 
bt.  Louis  &  San  Francisco  Railroad  (except  hostlers). 
gt.  Louis,  Brownsville  &  Mexico  Railway. 
St.  Louis,  San  Francisco  &  Texas  Railway 

Fort  Worth  &  Rio  Grande  Railwav. 
St.  Louis  Southwestern  Railwav. 

St.  Louis  Southwestern  Railway  of  Texas, 
ban  Antonio  &  Aransas  Pass  Railway. 
San  Pedro,  Los  Angeles  &  Salt  Lake  Railroad. 
Southern  Pacific  Co.,  Pacific  System. 
Spokane,  Portland  &  Seattle  Railway. 

Oregon  Trunk  Railway. 
Sunset  Central  Lines. 

Galveston,  Harrisburg  &  San  Antonio  Railway. 

Houston  &  Texas  (  entral  Railroad. 

Houston  East  &  We.st  Texas  Railway. 

Houston  &  Shreveport  Raiboad. 

Texas  &  New  Orleans  Railroad. 

Mor^^n's  Louisiana  &  Texas  Raiboad  &  Steamship  Co. 

Louisiana  Western  Raiboad. 
Terminal  Raiboad  Association  of  St.  Louis. 

St.  Louis  Merchants  Bridge  Terminal  Railway. 
Texas  &  Pacific  Railway. 

Dennison  &  Pacific  Suburban  Railway. 
.  Weatherford,  Mineral  Wells  &  Northwestern  RaUway. 
Inmty  &  Brazos  Vallev  Railway. 
Union  Pacific  Raiboad*. 
Union  Railway,  Memphis. 
Union  Stock  Yards  of  Omaha. 
Wabash  Railroad,  Unes  west  of  Detroit  and  Toledo. 
Western  Pacific  RaUway. 
Wiggins  Ferry  Co. 
{0)  Engineers,  Firemen,  and  Hostlers. 

151283—20 5 


i 


1 
I 


I 


66 


REPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION. 


2.  Date  arbitration  hearinqs  began. — November  30  1914 

S.  Date  of  award,— April  30,  1915. 

4  Results.— (a)  Six  hours  and  forty  minutes,  or  100  miles  in  passenger  service,  was 
®®^\  ^?     '  yith  a  minimum  rate  for  engineers  of  $4.30  and  for  firemen  of  $2.50. 

(0)  Ihrough  freight  rates  were  extended  to  all  classes  of  freight  service  except  belt- 
Ime  and  transfer  service. 

i^l  ^i^^^^  ^^y  rates  in  steam  service  allowed  to  those  in  electric  ser\ice. 

{d)  Ihirty  cents  per  100  miles  was  added  to  through  freight  rates  of  pay  for  enri- 
neers  and  firemen  engaged  in  local  or  way  service. 

(e)  Minimum  rates  of  pay  with  some  increases  in  certain  classes  was  established  for 

/A       ^^™®'  *^^^''^^°g  ^  the  weight  of  engines  on  drivers. 

(/)  Payment  for  final  terminal  delay  allowed  under  certain  conditions. 

{g)  Fay  for  time  held  away  from  home  terminal  was  granted  after  expiration  of  22 
Hours  fiwna  time  last  relieved  from  duty,  also  payment  for  time  tied  up  on  road  and 
wnile  deadheading  on  company  business. 

(h)  A  minimum  rate  of  $4.20  per  day  of  12  hours  for  hostlers. 

(t)  Firemen  and  engineers  were  specifically  relieved  from  the  performance  of  cer- 
tain duties  which  hitherto  some  schedules  had  required. 

NEW  YORK  CENTRAL  RAILROAD  CO.  (LINES  EAST  OF  BUFFALO)  NEW 
?2?r^A^^^''t!t^^^H^^^2  ^^-  ^NES  WEST  OF  BUFFAlS)  NEW  Vor£^ 
T™EGRAPHERS  RAILROAD  CO.,   AND  ORDER   OF  RAILROAD 

1916. 

1 .  Parties  involved. — 

(a)  New  York  Central  Railroad  Co.  (Buffalo  and  east). 

New  York  Central  Railroad  Co.  (west  of  Buffalo). 

New  York.  Chicago  &  St.  Louis  Raih-oad  Co. 
(6)  Telegraphers. 

Towermen. 

Station  t^ents. 

2.  Date  arbitration  hearings  began. — ^July  6,  1916. 

,  \  ^""au^  a«'flrrf.— August  1,  1916.    (Interpretation  of  one  clause  of  this  award 
rendered  by  reconvened  arbitration  board  on  Nov.  1   1916  ) 
A  General  results.— This  arbitration  was  precetfed  by  three  separate  mediation  pro- 

?Q?«  ''^iT®^'"  '''',  ^^^^?'  ^^^?'  *°  asreement  to  arbitrate  being  reached  on  June  10, 
1916.     The  general  results  of  the  arbitration  were: 

New  York  Central  Raiboad,  Buffalo  and  east:  Employees  worWng  more  than  nine 
consecutive  hours  per  day,  who  have  been  in  the  service  one  year  Sr  more,  awarded 
seven  days  annual  vacation  with  pay;  after  three  years'  service,  10  days  annual  vaca- 
tion with  pay.  Emplovees  working  nine  hours  or  less  per  day,  after  two  years' 
seri^ce,  awarded  seven  days  annual  vacation  with  pay 

Employees'  request  for  a  rule  relieving  them  from  flagging  crossings,  operating 
pumps,  or  cann^  for  switch  lamps  was  denied.  "ptraung 

An  increase  of  10  per  cent  in  salaries  of  all  employees  included  in  the  arbitration 
ZTa  ^fT^V,""'''^  increase  to  be  distributed  as  agreed  upon  by  the  railroad  officials 
Yn^v  nffi??P  ?r  <^T5^^«ee.  The  request  for  inclusion  of  operators  in  the  New 
York  otface  m  this  schedule  was  denied. 

New  York  Central  Railroad,  west  of  Buffalo:  Employees'  request  for  reUef  from 
wvf^^.vf'''?^^'^^'''''  ^'''''  cleaning  or  caring  for  batteries,  lamps,  switches,  inter- 
locking machinery  pumps,  etc. ,  was  denied,  except  where  then  in  effect. 
*.,  oif^^^  "^^^^  ordered  based  on  regular  working  days  of  the  month,  with  overtime 
for  all  hours  worked  on  Sundays  and  holidavs.  ,      txi  «  ex  tune 

The  same  award  with  reference  to  annual  vacations  with  pay  for  employees  work- 
(abov?)  ^"^    ^^  ^^  ™*^®  ^  ^^  ^^^  *^®  ^^  employees  Buffalo  and  east 

An  increase  of  8  per  cent  in  salaries  of  all  employees  included  in  the  schedule 
was  awarded,  to  be  distnbuted  as  agreed  upon  by  the  railroad  officials  and  teleg- 
rapners  committee.  ° 

ron!fJ  Jf  ^'  ^^^^  *  St.  Louis  Railroad:  Awarded  that  telegraphers  will  onlv  be 
required  to  perform  work  on  Sundays  necessary  to  protect  the  company's  interest 
and  to  be  paid  overtime  therefor  in  addition  to  regular  wages.    Sunday  hours  to  bi 
within  regularly  assigned  week-day  hours  and  to  be  consecutive, 
to  em  l^e^  )    **^  ^^^  arbitration  board  dissented  from  a  majority  of  the  concessiona 


•    • 


REPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION.  67 

The  arbitration  board  was  reconvened  at  Cleveland,  Ohio   on  October  'iO    iQlfi 
pursuant  to  request  of  employees  of  the  New  York,  CMca^  &  St    lo^s  R^i^ 
wnrf  I^t^^P'^^ti^'^  of  the  former  award  with  reference  to  ?ompeiL  1^^  sS 
work,  the  employees  contending  that  such  work  should  be  paid  for  on  the  U^It 
S'thTbS    ^^  "'''''^'  representatives  of  the  railroad  claim?ng  the  ca?endar  Cith 

On  November  1  1916,  the  board  decided  this  question  bv  ruling  that  the  rate  of  nav 
for  Sunday  work  should  be  based  on  the  working-day  month.  ^^ 

NEW  YORK  CENTRAL  RAILROAD  CO.  AND  TWELVE  OTHER  RAILROADS 
AND  SWITCHMEN'S  UNION  OF  NORTH  AMERICA. 


1.  Parties  invotved- 

(a) 


1916. 


(b) 


New  York  Central  Railroad  Oo.   . 

Michigan  Central  Railroad  Co. 

Lehigh  Valley  Railroad  Co. 

Bessemer  &  Lake  Erie  Railroad  Co. 

New  York,  Chicago  &  St.  Louis  Railroad  Co. 

Delaware,  Lackawanna  &  Western  Railroad  Co. 

C  incinnati.  New  Orleans  &  Texas  Pacific  Railway  Co. 

Chicago,  Rock  Island  &  Pacific  Railway  Co. 

Chicago  &  Eastern  Illinois  Railroad. 

Baltimore  &  Ohio  Chicago  Terminal  Railroad  Co 

Minneapolis,  St.  Paul  &  Sault  Ste.  Marie  Railway  Co 

Chicago  Great  Western  Railroad  Co. 

Peoria  Railway  Terminal  Co. 

^Tm^ricr^^''^^^'  '■^P'"^®''*®^  ^y  the  Switchmen's  Union  of  North 

2.  Date  arbitration  hearings  6e^an.— November  13,  1916 

d.  X>a«6o/au'arrf.— December  23,  1916. 
_  4.  General  results. ~{a)  Eight  hours  or  less  wa^  held  to  constitute  a  dav's  work-  an 
increase  of  5  cents  per  hour  over  existing  rates  was  granted  Kl  yard  foremen  ^ 
ifn  J^l*'"'^  ^'^P!""  (yard  brakemen)  involved  in  the  arbitratio^^vSw  o  b^ 
paid  at  pro  rata  rates,  on  the  basis  of  the  actual  minutes  worked-  the  pav^ ri^ilar 
switchmen  to  begin  at  the  time  required  to  report  for  duty  and  end  w^henrel^ve^ 
switchmen  to  commence  work  and  be  relieved  at  designated  poiSte  s^tchmen  to 
be  paid  at  day  rates  for  time  worked  between  6  a.  m.  and  6  p  m  and  aTS  mt^ 
for  time  worked  between  6  p.  m.  and  6  a.  m.:  existing  meal-hoi^r^ulatio^  to  a^nlv 

/M  ^r"^  assigned  to  shifts  exceeding  eight  hours  r^uiations  to  apply 

hinliH  if.fr!"^'^'^^^'!^^'''*  ^^®  employees,  who  had  requested  that  47  cents  per  hour 
be  paid  helpers  and  50  cents  per  hour  to  firemen,  dissented  from  the  award  of  S  rwl 
an  tour  increase,  and  from  that  section  of  the  award  whereiy  ovenin^^^^^^ 
at  pro  rata  rates  as  the  employees  had  requested  time  and  one-ha?f  foTovertinae  ^ 
(c)  It  wa^  mutua  ly  agreed  before  the  arbitration  hearings  L4ntLtonl^^^^^^^ 

^^^^^^^   *   NASHVaLE   RAILROAD    (NASHVILLE   TERMINALS)   AND 
BROTHERHOOD  OF  LOCOMOTIVE  ENGINEERS,  BROTmStofoD  OF 
LOCOMOTIVE  FIREMEN  AND  ENGINEMEN,  ORDER  OF  RAirWAY  CON 
DUCTORS,  BROTHERHOOD  OF  RAILROAD  TRAINMEN    ''^''^r^  ^^^^ 

1917. 

1.  Parties  involved — 

(6)  Fkemen  ^  ^  Nashville  Railroad  (Nashville  Terminals). 

2.  Date  arbitration  hearings  6€^an.— January  8   1917 
o.  Date  of  award. — January  20  1917  ' 

4.  General  muZ/^.-Naahville  Terminals  claimed  that  in  violation  of  a  rul^  of  that 
conipany  to  employ  no  locomotive  firemen  affiliated  w^th  t^e  Brotherhood  of  t!^ 
moUve  Firemen  and  Enginemen,  certain  of  their  eSplm'ees  hid  j^^^^^^  ^t, 

membership  in  that  organization,  and  they  were  discha^ed  for  K  reS,n      tII 

tlTmVol^liX^X'e^'^^^^  ^^  ^^^^^^^  ^-  membe.^li;'irs^aJd^Slrioa^^^ 


68 


REPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION. 


The  specific  question  submitted  for  arbitration  and  decision  was,  ''Had  the  ex- 
employees  parties  hereto,  joined  or  applied  to  join  the  organization  known  as  the 
Brotherhood  of  Locomotive  Firemen  and  Enginemen  before  their  dismissal?  " 

It^was  agreed  that  should  the  arbitrators  decide  the  question  submitted  in  favor  of 
the  discharged  employees,  such  of  them  as  had,  since  their  discharge,  become  members 
of  said  brotherhood  would  withdraw  from  that  organization  and  would  thereui)on  be 
reemployed,  with  all  the  rights  they  enjoyed  and  were  entitled  to  before  their  discharge. 

Of  the  30  firemen  discharged  for  alleged  joining  of  the  union,  the  award  found  that 
19  joined  and  11  did  not  join. 

ST.  LOUIS.  SOUTHWESTERN  RAILWAY  CO.,  ST.  LOUIS  SOUTHWESTERN 
RAILWAY  CO.  OF  TEXAS,  AND  ORDER  OF  RAILROAD  TELEGRAPHERS. 

1.  Parties  involved— 

(a)  St.  Louis  Southwestern  Railway  Co., 

St.  Louis  Southwestern  Railway  Co.  of  Texas. 
(6)  Telegraphers. 

2.  Date  arbitration  hearing  began. — January  8,  1917. 

3.  Date  of  award. — January  31,  1917. 

4.  General  results. —Employ eea  request  that  telegraphers  whoee  hoi  rs  include 
Sunday  duty  and  who  have  been  in  continuous  service  two  years  or  more  be  given 
a  15-day  vacation  each  year  with  pay,  was  denied. 

Readjustment  of  salaries  to  be  made  when  commissions  are  materially  reduced 
or  entirely  removed. 

One  of  the  five  office  managers  asked  to  be  included  in  the  schedule  was  included— 
balance  denied. 

Ten  of  the  14  exclusive  agents  were  included  and  4  were  denied,  and  the  9 
nontelegraph  agencies  asked  to  be  included  under  the  schedule  and  wage  scale  were 
denied. 

Employees  granted  a  10  per  cent  incerase  in  pay  on  present  pay  of  employees  cov- 
ered by  present  schedule. 

GEORGIA,  FLORIDA  &  ALABAMA  RAILWAY,  AND  BROTHERHOOD  0¥ 
LOCOMOTIVE  ENGINEERS,  BROTHERHOOD  OF  LOCOMOTIVE  FIRF- 
MEN  AND  ENGINEMEN,  ORDER  OF  RAILWAY  CONDUCTORS,  AND 
BROTHERHOOD  OF  RAILROAD  TRAINMEN. 

1917. 

1.  Parties  involved — 

(a)  Georgia.  Florida  &  Alabama  Railway. 
(fe)  Engineers. 

Firemen. 

Conductors. 

Trainmen. 

2.  Date  arbitration  hearings  began. — November  27,  1917. 

3.  Date  of  award. — December  8,  1917. 

4.  General  results.— ContToxeny  arose  over  discharge  of  an  engineer.  Brotherhood 
requested  his  reinstatement  but  railway  company  refused.  The  former  then  applied 
to  Board  of  Mediation  to  adjust  the  difficulty  but  the  railway  refused  to  accept  its 
services  and  Brotherhood  finally  requested  Board  to  discontinue  its  efforts  at  adjuFt- 
ment.  Later  four  Brotherhoods  sought  reinstatement  of  engineer,  revision  of  working 
conditions,  and  slight  increase  in  wages.  Upon  refusal  of  the  railway  to  accede  to 
these  demands  the  employees  individually  left  the  service,  which  caused  an  inter- 
ruption of  railway  operation,  whereupon  the  Board  of  Mediation  intervened,  securing 
agreement  on  questions  of  wages  and  working  conditions  and  reference  of  question  of 
reinstatement  of  the  engineer  to  an  arbitration  board,  which  board  exonerated  the 
engineer  of  the  charges  preferred  and  ordered  his  reinstatement  with  back  pay  to 
March  1,  1917.  *    ^ 

THE  CHICAGO,  ROCK  ISLAND  &  PAOFIC  RAILWAY  CO.,  THE  CHICAGO. 
ROCK  ISLAND  &  GULF  RAILWAY  CO.,  AND  ORDER  OR  RAILROAD 
TELEGRAPHERS. 

1917. 

1.  Parties  involved — 

(a)  The  Chicago,  Rock  Island  &  Pacific  Railway  Co. 

The  Chicago,  Rock  Island  &  Gulf  Railway  Co. 
(6)  Telegraphers. 

2.  Date  arbitration  hearings  began. — October  15,  1917. 


REPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION. 


69 


3.  Dateof  award.— October  30,  1917. 

4.  General  results.— (a)  Eight  consecutive  hours  constitute  a  day's  work  in  offices 
under  the  jurisdiction  of  the  superintendent  of  telegraph  and  pay  pro  rata  for  Sunday 
and  holiday  work;  10  consecutive  hours  in  offices  where  only  one  telegrapher  is 
employed;  9  consecutive  hours  where  two  telegraphers  are  employed;  8  consecutive 
hours  where  3  or  more  telegraphers  are  employed;  11  consecutive  hours  (including 
one  meal  hour)  for  exclusive  agents.  Meal  time  for  telegraphers  to  be  allowed  where 
practicable. 

(ft)  Overtime  pay  to  be  pro  rata  with  a  specified  minimum,  and  special  rates  with 
specified  minimum  when  called  for  any  parpose  outside  of  regular  hours. 

(c)  Telegraphers  working  10  hours  or  more  per  day  with  Sunday  service,  allowed 
7  days  annual  vacation  with  pay  or  one-half  regular  pay  for  a  similar  period  in  lieu 
thereof. 

(d)  Specified  monthly  increases  in  salaries  to  telegraphers,  the  per  cent  of  increase 
varying  according  to  their  existing  rates  of  compensation. 

^^.r.y?3^'  ^^^  HAVEN  &  HARTFORD  RAILROAD,  CENTRAL  NEW 
ENGLAND  RAILWAY  CO.,  AND  BROTHERHOOD  OF  LOCOMOTIVE  ENGI- 
NEERS AND  BROTHERHOOD  OF  LOCOMOTIVE  FIREMEN  AND  ENGINE- 
MEN. 

,      „       .      .  1917-18. 

1.  Parties  involved — 

(a)  New  York,  New  Haven  &  Hartford  Railroad. 

Central  New  England  Railway  Co. 
(6)  Engineers. 
Firemen. 
Date  arbitration  hearings  began. — December  4,  1917. 
Date  of  award. — January  5,  1918. 
4.  General  results.— This  arbitration  involved  the  claims  of  11  individual  firemen  and 
enginemen  for  overtime,  extra  service  and  changes  in  rates  on  account  of  special  cir- 
cumstances govermng  work  performed  at  different  times.    Eight  of  these  claims  were 
disallowed;  three  were  allowed. 

The  employees'  claim  for  application  of  the  engineers'  schedule  covering  rates  of 
pay  and  working  conditions  to  certain  electric  lines  operated  by  the  companies  above 
named,  was  allowed,  with  the  exception  of  one  line  which  the  board  held  did  not  come 
within  the  schedule. 

The  claim  of  engineers  and  firemen  on  the  Harlem  River  yard  jobs  for  freit^ht  rates 
on  account  of  relay  yard  work,  was  not  allowed,  nor  was  the  claim  for  transfer  rate  for 
yard  crews  employed  on  certain  runs. 

BALTIMORE  &  OHIO  RAILROAD  CO.  AND  ORDER  OF  RAILROAD  TELEG- 
RAPHERS. 

1.  Parties  involved — 

(a)  Baltimore  &  Ohio  Railroad  Co. 

Baltimore  &  Ohio  Southwestern  Railroad  Co. 
(6)  Telegraphers. 

2.  Date  arbitration  liearings  began. — December  20,  1917. 

3.  Dat£  of  aiyarrf.— December  26,  1917. 

4.  General  results.— (a)  Aggregate  increase  in  wages  of  10  per  cent  over  rates  in 
effect  prior  to  arbitration. 

(6)  Employees  required  to  work  on  Sunday  to  be  so  advised  on  preceding  Saturday 
and  to  be  paid  for  such  services  at  regular  pro  rata  rate,  in  addition  to  regular  monthly 
salary.     In  dissenting  from  this  part  of  the  award,  the  arbitrators  on  the  part  of  the 
railroad  companies  said:  "This  award  assnrfis  thAm  (i\\a  ff.loo■rQT^ll^ra^  ti.«  i^^„;„^i^«^ 


2. 
3. 


receive  pay  for  the  entire  day.    Regular  hours  of  work  on  Sunday  to  U  within  regular 
daily  established  hours.  ^ 

ST.  LOUIS  SOUTHWESTERN  RAILWAY  CO.  (COTTON  BELT)  AND  BROTH- 
ERHOOD OF  RAILROAD  TRAINMEN. 

1.  Parties  involved — 

(?)  S*-  .^"^^  Southwestern  Railway  Co.  of  Texas  (Cotton  Belt  Route). 
(6)  Trainmen.  ^ 

2.  Date  arbitration  hearings  began. — January  7,  1918. 


70 


REPORT  OF  BOARD  OF   MEDIATION  AND  CONCILIATION. 


3.  Date  of  award. — January  15,  1918. 

4.  General  results. — A  passenger  conductor  in  the  employ  of  the  railroad  comjmny 
was  discharged  from  the  service  charged  with  "irregulanties  in  the  handling  and 

^reportine;  passenger  fares  and  tickets;  insubordination;  issuing  and  sending  out  circular 
letter  of  inflammator>-  nature  *  *  *  charging  company  officers  and  other  employees 
'with  improper  conduct  and  dishonest  and  underhand  methods.  " 

The  speafic  question  submitted  to  the  board  of  arbitration  for  decision  was  the 
demand  of  the  brotherhood  for  the  reinstatement  of  the  discharged  employee  with  all 
his  senionty  rights  and  with  full  pay  since  the  date  of  his  discharge,  etc. 

The  award  refused  the  demand  of  the  brotherhood  on  the  grounds  that  the  offenses 
charged  "were  present — the  gravity  of  said  offenses  and  their  sufficiency  for  the  justi- 
fication of  the  action  taken  by  the  employing  company  were  matters  that  rested  A^dth 
said  company. " 

ST.   LOUIS   &  SAN   FRANCISCO  RAILROAD  AND   ORDER  OF  RAILROAD 

TELEGRAPHERS. 


191S. 


1. 


2. 
3. 
4. 


Parties  involved — 

(a)  St.  Louis  &  San  Francisco  Railroad. 

(b)  Telegraphers. 
Date  arbitration  hearing  began. — January  15,  1918. 
Date  of  award. — January  23,  1918. 
General  results. — Employees  granted  increase  of  $4,600  and  change  in  schedule 

regarding  exclusive  agents  receiving  and  forwarding  written  messages  by  telephone, 
also  estal)lishing  11  consecutive  hours,  including  meal  hour,  as  a  day's  work;  all 
work  on  a  calendar  Sunday  to  be  paid  pro-rata  based  on  26  days  per  month. 

An  agent  telegrapher's  position  becoming  an  exclusive  station  agency  position,  the 
wages  will  be  fixed  in  conformity  with  similar  positions. 

Seven  days  annual  leave  granted  on  full  pay  for  all  in  service  over  5  and  under  10 
years — 14  days  for  10  years  or  more. 

SOUTHERN  PACIFIC  UNES  (IN  TEXAS  AND  LOUISIANA)  AND  BROTHER- 
HOOD OF  LOCOMOTIVE  ENGINEERS,  BROTHERHOOD  OF  LOCOMOTIVE 
FIREMEN  AND  ENGINEMEN. 

1918. 

1.  Parties  involved — 

(a)  Southern  Pacific  Lines  (in  Texas  and  Louisiana). 
Galveston,  Harrisburg  &  San  Antonio  Railway  Co. 
Texas  &  New  Orleans  Railroad  Co. 
Morgan's  liOuisiana  &  Texas  Railroad  &  Steamship  Co. 
Louisiana  &  Vermillion  Railroad  Co. 
Engineers. 
Firemen. 
Hostlers. 
Date  arbitration  hearings  began. — May  6,  1918. 
Date  of  award.— Usiy  23,  1918. 

General  results. — (a)  An  increase  in  rates  of  pay  on  certain  runs  and  application 
of  minimum  freight  rates  on  all  mixed  service;  pay  to  be  computed  from  time  trainmen 
are  called  to  duty;  a  day's  pay  awarded  when  trainmen  are  not  used  on  a  regularly 
assigned  run;  in  suburban  passenger  service,  on  certain  runs,  overtime  to  begin  after 
five  hours,  instead  of  after  eight  hours. 

(6)  Crews  not  to  be  used  on  division  other  than  that  to  which  they  are  regularly 
assigned;  except  in  cases  of  undoubted  emergency;  certain  demerits  assessed  against 
firemen,  ordered  removed;  assignment  of  engineers  and  firemen  to  main  line  hostler 
positions,  allowed  as  requested  by  employees;  leaves  of  absence  for  employees  entering 
the  military  or  naval  service,  granted. 


ih) 


2. 
3. 
4. 


k. 


NEWLANDS  ACT. 


AN  ACT  PROVIDING  FOR  MEDIATION,  CONCILIATION,  AND  ARBITRATION  IN  CONTRO- 
VERSIES BETWEEN  CERTAIN  EMPLOYERS  AND  THEIR  EMPLOYEES. 

[Act  of  July  15,  1913,  38  Stats.,  103.] 

Be  it  enacted  by  the  Senate  and  Home  of  Representatives  of  the  United  States  of  America 
in  Congress  assembled,  That  the  provisions  of  this  act  shall  apply  to  any  common 
carrier  or  carriers  and  their  officers,  agents,  and  employees,  except  masters  of  vessels 
and  seamen,  as  defined  in  section  forty-six  hundred  and  twelve,  Revised  Statutes  of 
the  United  States,  engaged  in  the  transportation  of  passengers  or  property  wholly  by 
railroad,  or  partly  by  railroad  and  partly  by  water,  for  a  continuous  carriage  or  ship- 
ment from  one  State  or  Territory  of  the  United  States  or  the  District  of  Columbia  to  any 
other  State  or  Territory  of  the  United  States  or  the  District  of  Columbia,  or  from  any 
place  in  the  United  States  to  an  adjacent  foreign  country,  or  from  any  place  in  the 
United  States  through  a  foreign  country  to  anj^  other  place  in  the  United  States. 

The  term  "railroa^"  as  used  in  this  act  shall  include  all  bridjges  and  ferries  used  or 
operated  in  connection  with  any  railroad,  and  also  all  the  road  in  use  by  any  corpora- 
tion operating  a  railroad,  whether  owned  or  operated  under  a  contract,  agreement,  or 
lease;  and  the  term  "transportation"  shall  include  all  instrumentalities  of  shipment 
or  carriage. 

The  term  "employees"  as  used  in  this  act  shall  include  all  persons  actually  engaged 
in  any  capacity  in  train  operation  or  train  service  of  any  description,  and  notwith- 
standing that  the  cars  upon  or  in  which  they  are  employed  may  be  held  and  operated 
by  the  carrier  under  lease  or  other  contract:  Provided,  however,  That  this  act  shall  not 
be  held  to  apply  to  employees  of  street  railroads  and  shall  apply  only  to  employees 
engaged  in  railroad  train  service.  In  every  such  case  the  carrier  shall  be  responsible 
for  the  acts  and  defaults  of  such  employees  in  the  same  manner  and  to  the  same  extent 
as  if  said  cars  were  owned  by  it  and  said  employees  directly  employed  by  it,  and  any 
provisions  to  the  contrary  of  any  such  lease  or  other  contract  shall  be  binding  onlv  as 
between  the  parties  thereto  and  shall  not  affect  the  obligations  of  said  carrier  either  to 
the  public  or  to  the  private  parties  concerned. 

A  common  carrier  subject  to  the  pro^dsions  of  this  act  is  hereinafter  referred  to  as  an 
** employer,"  and  the  employees  of  one  or  more  of  such  carriers  are  hereinafter  referred 
to  as  "employees." 

Sec.  2.  That  whenever  a  controversy  concerning  wages,  hours  of  labor,  or  conditions 
of  employment  shall  arise  between  an  employer  or  employers  and  employees  subject 
to  this  act  interrupting  or  threatening  to  interrupt  the  business  of  said  employer  or 
employers  to  the  serious  detriment  of  the  public  interest,  either  party  to  sucn  contro- 
versy may  apply  to  the  Board  of  Mediation  and  Conciliation  created  by  this  act  and 
invoke  its  services  for  the  purpose  of  bringing  about  an  amicable  adjustment  of  the 
controversy;  and  upon  the  request  of  either  party  the  said  board  shall  with  all  prac- 
ticable expedition^ut  itself  in  communication  with  the  parties  to  such  controversy  and 
shall  use  its  best  efforts,  by  mediation  and  conciliation,  to  bring  them  to  an  agreement; 
and  if  such  efforts  to  bring  about  an  amicable  adjustment  through  mediation  and  con- 
ciliation shall  be  unsuccessful,  the  said  board  shall  at  once  endeavor  to  induce  the 
parties  to  submit  their  controversy  to  arbitration  in  accordance  with  the  pro\'i8ion8 
of  this  act. 

In  any  case  in  which  an  interruption  of  traffic  is  imminent  and  fraught  with  serious 
detriment  to  the  public  interest,  the  Board  of  Mediation  and  Conciliation  may,  if  in 
its  judgment  such  action  seem  desirable,  proffer  its  services  to  the  respective  parties 
to  the  controversy. 

In  any  case  in  which  a  controversy  arises  over  the  meaning  or  the  application  of 
any  agreement  reached  through  mediation  under  the  provisions  of  this  act  either 
party  to  the  said  agreement  may  apply  to  the  Board  of  Mediation  and  Conciliation 
for  an  expression  of  opinion  from  such  board  as  to  the  meaning  or  application  of  such 
agreement  and  the  said  board  shall  upon  receipt  of  such  request  give  its  opinion  as 
soon  as  may  be  practicable. 

71 


72 


REPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION. 


''^. 


i 


Sec.  3.  That  whenever  a  controversy  shall  arise  between  an  employer  or  employers 
and  employees  subject  to  this  act,  which  can  not  be  settled  through  mediation  and 
conciliation  in  the  manner  i)rovided  in  the  preceding  section,  such  controversy  may 
be  submitted  to  the  arbitration  of  a  board  of  six,  or,  if  the  parties  to  the  controversy 
prefer  so  to  stipulate,  to  a  board  of  three  persons,  which  board  shall  be  chosen  in  the 
following  manner:  In  the  case  of  a^ board  of  three,  the  emplover  or  employers  and  the 
employees,  parties  respectively  to  the  agreement  to  arbitrate,  shall  each  name  one 
arbitrator;  and  the  two  abitrators  thus  chosen  shall  select  the  third  arbitrator;  but  in 
the  event  of  their  failure  to  name  the  third  arbitrator  within  five  days  after  their 
first  meeting,  such  third  arbitrator  shall  be  named  by  the  Board  of  Mediation  and 
Conciliation.  In  the  case  of  a  board  of  six,  the  employer  or  employers  and  the  employ- 
ees, parties  respectively  to  the  agreement  to  arbitrate,  shall  each  name  two  arbitrators, 
and  the  four  arbitrators  thus  chosen  shall,  by  a  majority  vote,  select  the  remaining  two 
arbitrators;  but  in  the  event  of  their  failure  to  name  the  two  arbitrators  within  fifteen 
days  after  their  first  meeting  the  said  two  arbitrators,  or  as  many  of  them  as  have  not 
been  named,  shall  be  named  by  the  Board  of  Mediation  and  Conciliation. 

In  the  event  that  the  employees  engaged  in  any  given  controversy  are  not  members 
of  a  labor  organization,  such  employees  may  select  a  committee  which  shall  have  the 
right  to  name  the  arbitrator,  or  the  arbitrators,  who  are  to  be  named  by  the  employees 
as  pro\aded  above  in  this  section. 

Sec  4.  That  the  agreement  to  arbitrate — 

First.  Shall  be  in  writing; 

Second.  Shall  stipulate  that  the  arbitration  is  had  under  the  provisions  of  this  act; 

Third.  Shall  state  whether  the  board  of  arbitration  is  to  consist  of  three  or  six  mem- 
bers; 

Fourth.  Shall  be  signed  by  duly  accredited  representatives  of  the  employer  or 
employers  and  of  the  employees; 

Fifth.  Shall  state  specifically  the  questions  to  be  submitted  to  the  said  board  for 
decision; 

Sixth.  Shall  stipulate  that  a  majority  of  said  board  shall  be  competent  to  make  a 
valid  and  binding  award ; 

Seventh.  Shall  fix  a  period  from  the  date  of  the  appointment  of  the  arbitrator  or 
arbitrators  necessary  to  complete  the  board,  as  provided  for  in  the  agreement,  within 
which  the  said  board  shall  commence  its  hearings; 

Eighth.  Shall  fix  a  period  from  the  beginning  of  the  hearings  within  which  the 
aid  board  shall  make  and  file  its  award:  Pronded,  That  this  period  shall  be  thirty 
days  unless  a  different  period  be  agreed  to; 

Ninth.  Shall  provide  for  the  date  from  which  the  awara  shall  become  effective  and 
shall  fix  the  period  during  which  the  said  award  shall  continue  in  force; 

Tenth.  Shall  provide  that  the  respective  parties  to  the  award  will  each  faithfully 
execute  the  same; 

Eleventh.  Shall  provide  that  the  award  and  the  papers  and  proceedings,  including 
the  testimony  relating  thereto,  certified  under  the  hands  of  the  arbitratore,  and  which 
shall  have  the  force  and  effect  of  a  bill  of  exceptions,  shall  be  filed  in  the  clerk's  office 
of  the  district  court  of  the  United  States  for  the  district  wherein  the  controversy  arises 
or  the  arbitration  is  entered  into,  and  shall  be  final  and  conclusive  upon  the  parties 
to  the  agreement  unless  set  aside  for  error  of  law  apparent  on  the  record; 

Twelfth.  May  also  pro\ide  that  any  difference  arising  as  to  the  meaning  or  the 
application  of  the  provisions  of  an  award  made  by  a  board  of  arbitration  shall  be 
referred  back  to  the  same  board  or  to  a  subcommittee  of  such  board  for  a  ruling,  which 
ruling  shall  have  the  same  force  and  effect  as  the  original  award;  and  if  any  member 
of  the  original  board  is  unable  or  unwilling  to  serve  another  arbitrator  shall  be  named 
in  the  same  manner  as  such  original  member  was  named. 

Sec.  5.  That  for  the  purposes  of  this  act  the  arbitrators  herein  provided  for,  or  either 
of  them,  shall  have  power  to  administer  oaths  and  affirmations,  sign  subpoenas,  require 
the  attendance  and  testimony  of  witnesses,  and  the  production  of  such  books,  papers, 
contracts,  agreements,  and  documents  material  to  a  just  determination  of  the  matters 
under  investigation  as  may  be  ordered  by  the  c6urt;  and  may  invoke  the  aid  of  the 
United  States  courts  to  compel  witnesses  to  attend  and  testify  and  to  produce  such 
books,  papers,  contracts,  agreements,  and  documents  to  the  same  extent  and  under 
the  same  conditions  and  penalties  as  is  provided  for  in  the  act  to  regulate  commerce, 
approved  February  fourth,  eighteen  hundred  and  eighty-seven,  and  the  amendments 
thereto. 

Sec.  6.  That  every  agreement  of  arbitration  under  this  act  shall  be  acknowledged 
by  the  parties  thereto  before  a  notary  public  or  a  clerk  of  the  district  or  the  circuit 
court  of  appeals  of  the  United  States,  or  before  a  member  of  the  board  of  mediation 
and  conciliation,  the  members  of  which  are  hereby  authorized  to  take  such  acknowl- 


REPORT  OF  BOARD  OP  MEDIATION  AND  CONCILIATION. 


78 


edgments;  and  when  so  acknowledged  shall  be  delivered  to  a  member  of  said  board 
or  transmitted  to  said  board  to  be  filed  in  its  office. 

When  such  agreement  of  arbitration  has  been  filed  with  the  said  board,  or  one  of 
its  members,  and  when  the  said  board,  or  a  member  thereof,  has  been  furnished  the 
names  of  the  arbitrators  chosen  by  the  respective  parties  to  the  controversy,  the  board, 
or  a  member  thereof,  shall  cause  a  notice  in  writing  to  be  served  upon  the  said  arbi- 
trators, notifying  them  of  their  appointment,  requesting  them  to  meet  promptly  to 
name  the  remaining  arbitrator  or  arbitrators  necessary  to  complete  the  board,  and 
advising  them  of  the  period  within  which,  as  provided  in  the  agreement  of  arbitration, 
they  are  empowered  to  name  such  arbitrator  or  arbitrators. 

When  the  arbitrators  selected  by  the  respective  parties  have  agreed  upon  the 
remaining  aroitrator  or  arbitrators,  they  shall  notify  the  board  of  mediation  and  con- 
ciliation; and  in  the  event  of  their  failure  to  agree  upon  any  or  upon  all  of  the  necessary 
arbitrators  within  the  period  fixed  by  this  act  they  shall,  at  the  expiration  of  such 
period,  notify  the  board  of  mediation  and  conciliation  of  the  arbitrators  selected,  if 
any,  or  of  their  failure  to  make  or  to  complete  such  selection. 

If  the  parties  to  an  arbitration  desire  the  reconvening  of  a  board  to  pass  upon  any 
controversy  arising  over  the  meaning  or  application  of  an  award,  they  shall  jointly 
so  notify  the  board  of  mediation  and  conciliation,  and  shall  state  in  such  written 
notice  the  question  or  questions  to  be  submitted  to  such  reconvened  boari.  The 
board  of  mediation  and  concilation  shall  thereupon  promptly  communicate  with  the 
members  of  the  board  of  arbitration  or  a  subcommittee  of  such  board  appointed  for 
such  purpose  parsuant  to  the  provisions  of  the  agreement  of  arbitration,  and  arrange 
for  the  reconvening  of  said  board  or  subcommittee,  and  shall  notify  the  respective 
parties  to  thte  controversy  of  the  time  and  place  at  which  the  board  will  meet  for 
hearings  upon  the  matters  in  controversy  to  be  submitted  to  it. 

Sec.  7.  That  the  board  of  arbitration  shall  organize  and  select  its  own  chairman  and 
make  all  necessary  rules  for  conducting  its  hearings;  but  in  its  award  or  awards  the  said 
board  shall  confine  itself  to  findings  or  recommendations  as  to  the  questions  specifically 
submitted  to  it  or  matters  directly  bearing  thereon.  All  testimony  before  said  board 
shall  be  given  under  oath  or  affirmation,  and  any  member  of  the  board  of  arbitration 
shall  have  the  power  to  administer  oaths  or  affirmations.  It  may  employ  such  assist- 
ants as  may  be  necessary  in  carrying  on  its  work.  It  shall,  whenever  practicable,  be 
supplied  with  suitable  quarters  in  any  Federal  building  located  at  its  place  of  meeting 
or  at  any  place  where  the  board  may  adjourn  for  its  deliberations.  The  board  of 
arbitration  shall  furnish  a  certified  copy  of  its  awards  to  the  respective  parties  to  the 
controversy,  and  shall  transmit  the  original,  together  with  the  papers  and  proceedings 
and  a  transcript  of  the  testimony  taken  at  the  hearings,  certified  under  the  hands  of  the 
arbitrators,  to  the  clerk  of  the  district  court  of  the  United  States  for  the  district  wherein 
the  controversy  arose  or  the  arbitration  is  entered  into,  to  be  filed  in  said  clerk's  office 
as  provided  in  paragraph  eleven  of  section  four  of  this  act.  And  said  board  shall  also 
furnish  a  certified  copy  of  its  award,  and  the  papers  and  proceedings,  including  the 
testimony  relating  thereto,  to  the  board  of  mediation  and  conciliation,  to  be  filed  in 
its  office. 

The  United  States  Commerce  Court,  the  Interstate  Commerce  Commission,  and  the 
Bureau  of  Labor  Statistics  are  hereby  authorized  to  turn  over  to  the  board  of  media- 
tion and  conciliation  upon  its  request  any  papers  and  documents  heretofore  filed 
with  them  and  bearing  upon  mediation  or  arbitration  proceedings  held  under  the 
prov^isions  of  the  act  approved  June  first,  eighteen  hundred  and  ninety-eight,  pro- 
v^iding  for  mediation  and  arbitration. 

Sec  8.  That  the  award,  being  filed  in  the  clerk's  office  of  a  district  court  of  the 
United  States  as  hereinbefore  provided,  shall  go  into  practical  operation,  and  judg- 
ment shall  be  entered  thereon  accordingly  at  the  expiration  of  ten  days  from  such 
filing,  unless  within  such  ten  days  either  party  shall  file  exceptions  thereto  for  matter 
of  law  apparent  upon  the  record,  in  which  case  said  award  shall  go  into  practical 
operation,  and  judgment  be  entered  accordingly,  when  such  exceptions  shall  have 
been  finally  disposed  of  either  by  said  district  court  or  on  appeal  thBrefrom. 

At  the  expiration  of  ten  days  from  the  decision  of  the  district  court  upon  exceptions 
taken  to  said  award  as  aforesaid  judgment  shall  be  entered  in  accordance  with  said 
decision,  unless  during  said  ten  days  either  party  shall  appeal  therefrom  to  the  circuit 
court  of  appeals.  In  such  case  only  such  portion  of  the  record  shall  be  transmitted 
to  the  appellate  court  as  is  necessary  to  the  proper  understanding  and  consideration 
of  the  q  jestions  of  law  presented  by  said  exceptions  and  to  be  decided. 

The  determination  of  said  circuit  court  of  appeals  upon  said  questions  shall  be  final, 
and,  being  certified  by  the  clerk  thereof  to  said  district  court,  judgment  pursuant 
thereto  shall  thereupon  be  entered  by  said  district  court. 


i  -^ 


U. 


tAl. 


74  KEPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION. 

iuriH/S?n''a*i°°V''  ^VY*'^  ?re  finally  sustained,  jud^ent  shall  be  entered  setting 
^fdcllnt  tl  1^  '""."^iSi^^-'  '""P^^K^l^  i«  »uch  case  the  parties  may  a^  uporTf 
|ud?ment  to  be  entered  d.sposm-  of  the  subject  matter  of  the  controvlrev   which 

Nothing  in  this  act  contained  shall  be  construed  to  require  an  employee  to  render 
personal  service  without  his  consent,  and  no  injunction  or  other  1^1  P?^^  shall  ^^^^ 
SoT^ettf  1^^^^^^^^^^^  ^^  -^  -^^«--  a.^in^hni7^\^l!o'n^ 

employers  shal  haye  the  right  to  he  heard  through  their  repr^^LtwL  in  such  court 
upon  all  questions  affecting  the  terms  and  conditions  of  SiS^  emp  o^enTand  no 
reduction  of  wages  shall  be  made  by  such  receivers  without  the  aut£on>  of  the  com t 
tiierefor  after  notice  to  such  employees,  said  notice  to  be  given  not  W  than  twenty 
dav-s  be  ore  the  hearing  upon  the  receivers'  petition  or  application  a^  to  be  D^^ed 
upon  all  customary  bulletin  boards  along  or  upon  the  railway  o?'in  the  cu^toma^v 
^f^  ""in  ^^LlP'-emises  of  other  employers  covert  by  this  act  customary 

nf  fiffoo  ;  I  u  ^""^  member  of  the  bi>ard  of  arbitration  created  under  the  provisions 
of  this  act  shall  receive  such  compensation  as  may  be  fixed  by  the  Board  of  kS?^ 

of  J525  000,  or  so  much  thereof  as  may  be  necessary,  is  herebV  aDoroDriatpd  in  hi 
immediately  available  and  to  continue  avaUable  uitil  the  cLeTf  tCfi^il^^r 
ending  June  thirtieth,  nineteen  hundred  and  fourteen,  for  ?he  n^^y  and  pro^J 
expenses  incurred  in  connection  with  any  arbitration  ir  ^ith  thrct^W  on  ofThe 
work  of  mediation  and  conciliation,  including  per  diem,  traveling  anCthe?  nec^! 
Mxy  expenses  of  members  or  erm>loyees  of  b<^5s  of  arbitration  and  rent  in  tiie  Dk- 
SnLo  ^''^''!?^*i:  ^^^^t"'-^'  «ffi^e  fixtures  and  supplies,  books,  salaries  tmveuS 
expenses,  and  other  necessary  expenses  of  member  or  emplove^of  the  B^Ird  of 
hv^Jfir  ^""^  C«^^^l?tion  to  be  approved  by  the  chairman  of  si^dloard  and  audit^ 
by  the  proper  accounting  officers  of  of  the  Treasury.  ^uaiwa 

Sec.  11  There  shall  be  a  Commissioner  of  Mediation  and  Conciliation  who  shall 
be  appointed  by  the  Pr^ident,  by  and  with  the  advice  and  conWt  of  thrSe^te 
Md  whose  salary  shall  be  17,500  per  annum,  who  shall  hold  his  office  for  a  term  of 
H«nfnT7  ^''^-  """^'i  *  '".^^^^'  ^^^"^^'  »^d  ^b«  «*^"  »^e  removable  by  the  pTed 
?wo  otSeV  oSrof^?h^'?  '®'''  ^}^  President  shall  also  designate  not'^mo^ethTn 
iwo  otner  otticials  of  the  Government  who  have  been  appointed  by  and  with  thp 
advice  and  consent  o  the  Senate,  and  the  officials  thus  d^^i^ted,  ^ether^^  the 
Commi^oner  of  Mediation  and  Conciliation,  shall  constitu^  a  boi-dto  bf kTowii  a2 
the  Lmted  States  Board  of  Mediation  and  Conciliation. 

pKoii  K®  ^^T^l  ^"^  ^^^ssistant  Commissioner  of  Mediation  and  Conciliation  who 

rfiall  be  appointed  by  the  President,  by  and  with  the  advice  and  coi^nt  oMhe 
siXr'of  M.^^.r  ^I^/ «^^^be  $5,000  ^er  annum.     In  the  alienee  ofX  Commis- 
sioner of  Mediation  and  Conciliation,  or  when  that  office  shall  become  vacant   the 
a^stant  commissioner  shall  exercise  the  functions  and  perform  the  dutf^of 'that 
office.     Imder  the  direction  of  the  Commissioner  of  Mediation  and  ConcUktion   the 
assistant  commissioner  shall  assist  in  the  work  of  mediation  and  concUi^Snd  when 
acting  alone  in  any  case  he  shall  have  the  right  to  take  acknowlednSs   re^^ve 
agreements  of  arbitration,  and  cause  the  notices  in  writi^  to  be  sl?^S  upo^X 
stjrfivetea^;.'''  '"^"'""  P"^^"  ^  ^^  controversy,  a.  protidTfVL' 
The  act  of  June  first,  eighteen  hundred  and  ninety-eight,  relating  to  the  mediation 
a^d  arbitration  o    controversies  between  railway  companies,  anTcertoi^S^Tof 
wUch'^FlZT  ""  ??r^^  repealed.  Pro.trf.rf,  That  any  a^eement  S^rbufation 
which  at  the  time  of  the  passage  of  this  act,  shall  have  been^xecuted  in  accordance 
with  the  provisions  of  sai(f  act  of  June  first,  eighteen  hundred  and  ninety-eight  shS 
«fir^T.l  ^^  ^^^  Pro^1Slons  of  said  act  of  June  first,  eighteen  hundrKf  ninety- 
^mT^dt^t"^  thereunder  shall  be  conducted  in  accordance  with  ^e  p^o^?. 

Approved,  July  15, 1913. 


•         % 


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DIGEST  OF  ARBITRATIONS  UNDER  ERDMAN  LAW. 


SOUTHERN  PACIFIC  CO.  (ATLANTIC  SYgTEM)  AND  BROTHERHOOD  OF 
LOCOMOTIVE  FIREMEN  AND  ENGINEMEN. 

1907. 

'     "^(a)  SherTPacific  Co.,  Atlantic  System,  embraciivg  the  following  roads: 
■  The  Galveston,  Harrisburg  &  San  Antonio  Railway  Go. 

The  Texas  &  New  Orleans  Railroad  Co. 

The  Louisiana  Western  Railroad  Co.     ,    ^    ,^  .-     r^  ^  *i,« 

Morgan's  Louisiana  &  Texas  Railroad  &  bteamship  Co.,  and  the 
Iberia  &  Vermillion  Railroad  Co. 
(6)  Firemen  and  Enginemen.  oi    ioa-? 

2.  Date  arbitrati(m  hearings  began. ^a,nu9Xy  31,  1907. 

3.  Da^€o/awar<f.— February  1,  1907.  ,  j  ^•♦v,  *v.«  i«t^rr^roto 
4  General  remits.— This  arbitration  was  primarUy  concerned  with  the  interpreta- 
tion of  T^^ent  and  as  to  the  bearing  ofa  letter  from  the  general  /nan^«y/^atm^ 
when  road  engineers  might  displace  switch  engineers.  Jhe  award  ^^^  the  Board  ™ 
unanimous  bTt  because  5f  its  technical  character  it  would  not  be  profitable  U>  analyze 
it  in  detail. 

SOtTTHERN  PACTFIC  CO.  (PACIFIC  SYSTEM)  AND  ORDER  OF  RAILROAD 

TELEGRAPHERS. 


1907. 


1. 


2. 

3. 


^"^(^  Southern  Pacific  Co.,  Pacific  System;  lines  eaLt  of  Sparks  and  line6  in 
Or^on. 
(5)  Telegraphers.  u    ^  i^a^ 

Date  arhitratwn  hearings  began.— Uaich  16,  1907.  . 

3.  Date  of  award.— Apnl  6,  1907.  .  .        .        . 

4.  General  remlts.-fhe  emnloyees, secured  an  increase  of  J^  P«^,,^®'^*  ^_^^  ^^^ 
pay,  also  the  adoption  of  a  rule  providing  for  a  reduction  of  the  hours  o  ser/ice  on 
Way  to  one-half  the  r^lar  hours  obtainino:  on  week  days,  or  in  lieu  thereof  an 
allowance  of  26  days  annual  leave  of  absence  ^th  pay.       ,__  ,  ^^  ..^  lp<rislate 

The  issue  respecting  the  question  as  to  whether  or  not  telegraphera  should  l«]rislate 
for^^i^patc^hei  4h  r^pect  to  conditions  of  employment  was  <Ie«<l^.^f ^f-^tL^ 
to  the  contention  of  the  employees,  and  a  basis  of  ^^^lement  agreed  t^^^^^^ 
to  the  question  of  eliminating  certain  agencies  from  the  ope'^,V?«nintIhwJ^  bo?h 
between  the  telegraphers  and  the  railroad,  which  was  apparently  acceptable  to  both 

sides. 

GEORGIA  RAILROAD  AND  BROTHERHOOD  OF  LOCOMOTIVE  FIREMEN 

AND  ENGINEMEN. 

IMt. 

1.  Parties  involved—  .     ,    •    xi.      •*      *  a*1o«*q 

(a)  Georgia  Railroad  and  its  terminals  in  the  city  of  Atlanta. 

(6)  Firemen  and  Enginemen. 

2.  Date  arbitration  hearings  began.— June  21,  1909. 

3.  i)aieo/aT<;ar(/.— June  26,  1909.  ,       ^  i.    *i        ^  ^  i.^f !..«,'  ViolrkAm 

4.  Generil  remlts.-{a)  When  employed  as  firemen,  hostlers,^  hostlers  helpem, 
nGOToes  shall  receive  the  same  wages  as  white  men  in  similar  positions 
TfwUh  cem4  moaification8,lle  arbitotors  adopted  ^l^C^i  "/lac's  wC 
KovCTning  promotion  and  class  of  service  in  which  firemen  should  be  placed  when 

W  Employees  demand  that  all  firemen  when  hired  should  be  placed  in  f'ei?ht  ^^d, 
or^istlSr^Wice,  and  that  the  senior  white  fireman  should  have  preference  of  engines 
and  runs,  V  IB  not  approved. 
96 


-1  % 


id 


C  * 


*  > 


REPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION. 


97 


{d)  It  was  awarded  that  hostlers  should  receive  their  existing  rates  of  pay.  assistant 
hostlers  to  be  considered  as  yard  firemen  and  paid  yard  firemen's  rates;  extra  firemen 
when  useil  as  hostlers  to  receive  rate  paid  to  hostlers. 

{e)  A^varded  that  in  assigning  vacancies  to  firemen,  seniority  alone  shall  not  control, 
but  may  be  considered. 

(/)  The  arbitrators  found  against  the  proposal  that  firemen  be  not  required  to  throw 
switches,  flag  street  crossings  or  trains. 

ILLINOIS  CENTRAL  RAILROAD,  YAZOO  &  MISSISSIPPI  VALLEY  RAILROAD, 
AND  INDIANAPOLIS  SOUTHERN  RAILROAD,  AND  ORDER  OF  RAILROAD 
TELEGRAPHERS. 

1909. 

1.  Partus  involved. — 

(a)  Illinois  Central  Railroad  and  its  subsidiaries. 
Yazoo  &  Mispissippi  Valley  Railroad. 
Indianapolis  Southern  Railroad. 

(b)  Telegraphers. 

2.  Date  arbitration  hearings  began. — ^January  17,  1910. 

3.  Date  of  award. — February  7,  1910. 

4.  General  results.— (a)  In  resjwnse  to  the  propasals  of  the  employees  for  changes  in 
working  conditions  and  rates  of  pay,  the  award  ordered  changes  in  the  preexisting 
rules  governing  working  conditions  and  compensation  for  work  performed  after  the 
expiration  of  the  regular  hours  of  service  which  involved,  as  estimated  by  the  board 
of  arbitration,  an  increase  in  the  annual  wage  payments  of  the  company  to  its  teleg- 
raphers of  $5(),0(W).  As  a  result  of  the  arbitration  award  the  overtime  rate  of  35  cents 
per  hour  at  ottices  in  New  Orleans  and  Chicago,  and  of  25  cents  per  hour  at  Mounds, 
was  increased  to  a  rate  of  45  cents  per  hour. 

(b)  The  basis  of  a  day's  work  in  oftices  operated  continuously  dav  and  night  where 
three  or  more  telegraphers  were  employed  in  service  coMered  by  the  9-hour  provision 
of  the  hours-of-ser\ice  law  was  fixed  at  9  consecutive  hours  compared  with  a  day  of 
11  hours,  including  meal  hour,  prior  to  the  award. 

The  basis  of  a  day's  work  for  telegraphera  in  (X)  oflice,  Chicago:  (MN)  office. 
Mounds;  and  (BD^  oftice,  New  Orleans,  was  fixed  at  8  consecutive  hours,  as  compared 
with  a  day  of  10  consecutive  hours,  including  1  hour  for  meals,  at  the  designated 
Chicago  and  New  Orleans  office,  prior  to  the  award. 

The  hours  of  service  of  telegraphers  working  split  tricks  were  reduced  by  the  award 
from  8  to  7  hours  per  day. 

The  basis  of  a  day's  work  for  copy  operators  and  all  other  operators  located  in  dis- 
patching offices  was  fixed  in  the  later  schedule  at  9  hours  per  day,  as  compared  with 
the  former  basis  of  9  hours  for  copy  operators  and  lOJ  hours,  including  I  hour  for 
meals,  for  all  other  operators  located  in  dispatching  ofliices. 

In  conformity  with  the  award  the  new  schedule  provided  for  an  allowance  of  15 
days  annual  leave  of  absence  with  pay  for  telegraphers  working  10  hours  or  more  per 
day,  no  stipulation  for  leave  of  absence  with  pay  having  been  contained  in  the 
schedule  in  effect  before  the  arbitration. 

EIGHT    RAILROADS    LEADING    OUT    OF    CHICAGO    AND    SWITCHMEN'S 

UNION  OF  NORTH  AMERICA. 


1. 


1910. 


Parties  involved. — 

(a)  Chicago  &  Eastern  Illinois  Railroad  (Chicago  switching  district). 
Chicago  Great  Western  Railroad  (system,  except  Twin  Cities). 
Chicago,  Rock  Island  &  Pacific  Railway  (system,  except  Inver  Grove). 
Chicago  Terminal  Transfer  Railroad  (system). 
Lake  Shore  &  Michigan  Southern  Railroad  (specified  yards). 
Michigan  Central  Railroad  (west  of  Detroit  River). 
Pere  Marquette  Railroad  (system). 
Wisconsin  Central  Railway  (Chicago  switching  district). 
(6)  Switchmen. 
Date  arbitration  hearings  began. — March  4,  1910. 
Date  of  award.— Us^rch  22,  1910. 

General  results.— An  increase  of  3  cents  per  hour  in  the  wages  of  switchmen,  and 
an  increase  of  $5  per  month  in  the  compensation  of  switch  tenders  and  tower  men  in 
terminals  and  yards  where  one  or  more  switch  engines  and  switching  crews  were  em- 
ployed. Considered  in  terms  of  i)ercentages,  the  increases  ranged  from  a  minimum  of 
8.1  to  a  maximum  of  11.5  i)er  cent,  with  but  slight  variations  between  the  different 
roads  involved. 

151283—20 7 


3. 
4. 


^^^^^^55!*!»<» 


98 


KEPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION. 


CLEVELAND.  aNCINNATI.  CfflCAGO  &  ST.  LOUIS  RAILWAY  AND  ORDER 

OF  RAILROAD  TELEGRAPHERS. 

1910. 

1.  Parties  involved. — 

(a)  Cleveland,  Cincinnati,  Chicago  &  St.  Louis  Railway  (including  Peoria  & 

Eastern  Railway). 
(6)  Telegraphers. 

2.  Date  arbitration  hearings  began. — March  7,  1910. 

3.  Date  of  award.— U&rch.  28,  1910. 

4.  General  results. — An  increase  in  the  annual  compensation  of  tele^aphers  of  ap- 
proximately 6  per  cent  over  the  total  wage  payments  under  the  preexisting  scale. 

Provision  was  also  made  for  the  payment  of  additional  compensation  of  $5  per 
month  in  the  case  of  telegraphers  required  to  handle  crossing  gates,  no  extra  compen- 
sation for  such  services  having  been  allowed  under  the  rules  in  effect  before  the  award. 
Fifteen  days  leave  with  pay  in  certain  contingencies,  was  also  awarded. 

A  comparison  of  the  official  schedule  of  rules  and  rates  of  pay  in  effect  before  and 
after  the  award  shows  that  the  rule  respecting  overtime  in  the  new  schedule  stipulated 
that  overtime  should  be  paid  for  all  time  worked  outside  of  regular  hours  as  compared 
with  the  preexisting  rule  which  provided  for  the  payment  of  overtime  for  time  worked 
after  12  hours  of  service. 

The  working  conditions  established  as  a  result  of  the  arbitration  award  with  respect 
to  the  basis  of  a  day's  work,  meal  hour,  and  seniority,  so  far  as  can  be  ascertained  from 
a  comparison  of  the  official  schedules  in  effect  before  and  after  the  award,  involved  no 
material  change  from  the  conditions  existing  before  the  arbitration. 

BALTIMORE  &  OfflO  SOUTHWESTERN  RAILR0.4D  AND  ORDER  OF  RAIL' 

ROAD  TELEGRAPHERS. 

1910. 

1.  Parties  involved: 

(a)  Baltimore  &  Ohio  Southwestern  Railroad. 
(6)  Telegraphers. 

2.  Date  arbitration  hearings  began. — March  14,  1910. 

3.  Date  of  award. — April  4,  1910. 

4.  General  results. — In  response  to  the  request  of  the  emplovees  involving  rates  of 
pay  for  regular,  special,  or  overtime  work,  telegraphers  and  station  agents  were 
awarded  an  increase  of  6  per  cent  over  existing  rates  of  pay  of  such  employees.  The 
rate  for  overtime  work  at  general  offices,  Cincinnati,  was  increased  from  25  to  40 
cents  per  hour,  and  telegraphers  required  to  do  pumping  were  awarded  $10  per 
month  extra  compensation  for  such  labor.  In  other  respects  no  increases  in  rates 
of  pav  or  changes  or  modifications  in  the  existing  standards  of  compensation  were 
awarded. 

The  rules  relative  to  seniority,  submitted  to  arbitration,  were  awarded  substan- 
tially as  requested  by  the  employees. 

The  basis  of  a  day's  work  in  stations  where  two  or  more  telegraphers  were  employed 
besides  the  station  agent  was  fixed  at  9  consecutive  hours,  the  basis  of  a  day's  work 
for  exclusive  agents  fixed  at  lOi  consecutive  hours,  including  meal  hour;  an  8-hour 
day  awarded  for  telegraphers  performing  duty  at  wrecks,  washouts,  and  other  emer- 
gency offices  of  like  character. 

The  company  was  required  to  provide  the  necessary  help  to  relieve  telegraphers 
from  the  duty  of  scrubbing  floors  and  cleaning  out  buildings. 

Telegraphers  whose  hours  of  duty  were  10  or  more  per  day  and  who  had  been  in 
the  employ  of  the  company  two  or  more  years  were  awarded  15  days  annual  leave 
with  pay,  or  in  lieu  thereof  compensation  at  r^^ular  rates. 

In  denying  the  proposal  relative  to  the  issuance  of  annual  svstem  passes,  the 
statement  was  made  by  the  board  that  "the  arbitrators  do  not  consider  that  the 
granting  of  passes  is  a  proper  subject  of  arbitration." 

RAILROADS  IN  WESTERN  TERRITORY  AND  BROTHERHOOD  OF  LOCO- 
MOTIVE FIREMEN  AND  ENGINEMEN. 

1910. 

1.  Parties  involved  (52  western  railroads) — 

(a)  Atchison,  Topeka  &  Santa  Fe  Railway. 
Atchison,  Topeka  &  Santa  Fe  (Coast  Lines), 
Canadian  Northern  Railway. 


REPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION. 


99 


%' 


1.  Parties  involved — Continued. 

(a)  Chicago  &  North  Western  Railway. 

Chicago  &  Alton  Railroad. 

Chicago,  Burlington  &  Quincy  Railroad. 

Chicago  Great  Western  RailrdiEwi. 

Chicago  Junction  Railway. 

Chicago,  Milwaukee  &  St.  Paul  Railway. 

Chicago,  Rock  Island  &  Pacific  Railway. 

Chicago,  St.  Paul,  Minneapolis  &  Omaha  Railway. 

Chicago  Terminal  Transfer  Railroad. 

Chicago  &  Western  Indiana  Railroad  and  Belt  Railway  of  Chicago. 

Colorado  &  Southern  Railway. 

Davenport,  Rock  Island  &  Northwestern  Railway. 

Duluth,  South  Shore  &  Atlantic  Railway. 

El  Paso  &  Southwestern  Railroad. 

Eastern  Railway  of  New  Mexico  and  Southern  Kansas  Railway  of  Texas. 

Fort  Worth  &  Denver  City  Railway. 

Great  Northern  Railway. 

Gulf,  Colorado  &  Santa  Fe  Railway. 

Houston  East  &  West  Texas  Railway. 

Houston  &  Texas  Central  Railroad.  * 

Illinois  Central  Railroad. 

International  &  Great  Northern  Railroad. 

Indianapolis  Southern  Railroad. 

Kansas  City,  Mexico  &  Orient  Railway. 

Kansas  City  Southern  Railway. 

Missouri,  Kansas  &  Texas  Railway. 

Missouri  Pacific- Iron  Mountain  System. 

Minneapolis,  St.  Paul  &  Sault  Ste.  Marie  Railway. 

Minnesota  Transfer  Railway. 

Mineral  Range  Railroad. 

Northern  Pacific  Railway. 

Oregon  Railroad  &  Navigation  Co. 

Peoria  &  Pekin  Union  Railway. 

Quincy,  Omaha  &  Kansas  City  Railroad. 

San  Pedro,  Los  Angeles  &  Salt  Lake  Railroad. 

St.  Joseph  &  Grand  Island  Railway. 

St.  Joseph  Terminal  Railroad. 

St.  Louis  &  San  Francisco  Railroad. 

St.  Louis,  Brownsville  &  Mexico  Railway. 

Southern  Pacific  (Pacific  System). 

Southern  Pacific  (Atlantic  S>*stem). 

San  Antonio  &  Aransas  Pass  Railway. 

Spokane,  Portland  &  Seattle  Railway. 

Texas  &  Pacific  Railway. 

Trinity  &  Brazos  Valley  Railwuy. 

Uuion  Pacific  Railroad. 

Wichita  Valley  Railway. 
(6)  Firemen  and  Enginemen. 

2.  Date  arbitration  hearings  began. — May  16,  1910. 

3.  Date  of  award. — ^June  4,  1910. 

4.  General  results. — (a)  Firemen  in  main  and  branch  line  passenger  service  awarded 
an  increase  of  15  cents  per  100  miles. 

(6)  Awarded  an  increase  of  15  cents  per  100  miles  on  oil-burning  locomotives 
and  30  cents  per  100  miles  on  coal-burning  locomotives,  in  through  or  irregular  freight 
service,  provided  that  rate  of  pay  per  day  shall  not  be  less  than  $3.75  on  certain 
types  of  locomotives. 

(c)  In  local  or  way  freight  service  an  increase  of  25  cents  per  100  miles,  except 
on  roads  having  an  eight-hour  day. 

(d)  On  mallet  engines,  $4  per  day  in  all  branches  of  service. 

(«)  Rate  for  yard  service,  transfer  service  and  certain  hostlers,  switch  engineers, 
and  engine  dispatchers  increased  25  cents  per  day . 
(/)  Increases  were  made  retroactive  as  or  May  16,  1910. 


U,«;"H,,^^ 


-:n 


""X___ 


'^S 


100         KEPORT  OF  BOARD  OF   MEDIATION  AND  CONCILIATION. 
SOUTHERN  RAILWAY  AND  ORDER  OF  RAILROAD  TELEGRAPHERS. 

1910. 

1.  Parties  involved — 

(a)  Southern  Railway, 
(6)  Telegraphere. 

2.  Date  arbitration  hearings  began. — May  21,  1910. 
^.  Date  of  award. — ^June  11,  1910. 

4.  General  result8.~{a)  Wages  of  all  employees  performing  the  duties  of  telegraph 
operator,  or  agent-operator,  etc.,  awarded  an  increase  in  wages  equal  to  8  per  cent  of 
the  total  amount  paid  before  the  award,  shown  in  their  current  pay  roll. 

(6)  At  offices  where  1  telegrapher  is  employed,  10  hours  to  constitute  a  day's 
work;  where  2  or  more  are  employed,  9  hours. 

(c)  Fifteen  days  leave  with  pay  per  year  for  telegraphers  who  ha\e  been  in  service 
not  less  than  2  years  and  who  are  required  to  work  on  Sundays  and  legal  holidays. 

MISSOURI  PACIFIC  SYSTEM  AND  ORDER  OF  RAILROAD  TELEGRAPHERS. 


1. 


1910. 


3. 
4. 


Parties  involved — 

(a)  Missouri  Pacific  Railway  Co..  including  the  St.  Louis.  Iron  Mountain 
&  Southern  Railway  Co.,  and  leased,  operated,  and  independent  lines. 

(b)  Telegraphers. 
Date  arbitration  hearinq  began. — July  6,  1910. 
Date  of  award. —July  28,  1910. 
General  results. — An  award  was  made  in  favor  of  the  employees,  parties  to  the 

agreement,  for  a  lump  sum  of  $50,000  cash  per  annum,  the  apportionment  of  the  amount 
being  left  to  officials  of  the  company  and  a  committee  representing  the  employees. 
The  average  increase  in  rate  of  pay  of  telegraphers  was  $2.71  per  month,  or  4.2  per  cent. 
The  award  was  made  retroactive  as  of  June  1,  1910. 

DENVER   &   RIO   GRANDE   RAILROAD    AND    BROTHERHOOD    OF   LOCO- 
MOTIVE FIREMEN  AND  ENGINEMfiN. 

1910. 

1.  Parties  involved — 

(a)  Denver  &  Rio  Grande  Railroad. 

(b)  Firemen  and  Enginemen. 

2.  Date  arbitration  hearing  began. -October  11,  1910. 

3.  Date  of  award. — November  1,  1910. 

4.  General  results. — (a)  Firemen  in  standard  gauge  passenger  service,  and  on  all 
narrow  gauge  valley  mileage  were  awarded  an  increase  of  6  cents  per  100  miles.  All 
narrow  gauge  valley  rates  in  freight  service  were  increased  from  3.12  to  3,27  cents  per 
mile.  A  day's  pay  for  road  firemen  was  increased  5  cents.  On  the  Utah  lines  an 
increase  of  Id  cents  per  100  miles  was  awarded  in  all  classes  of  passenger  and  freight 
service. 

(6)  Various  awards  were  made  involving  changes  in  rules  governing  running  time 
of  trains,  overtime,  and  the  basis  of  a  day's  work  in  connection  with  articles  submitted 
to  arbitration  by  the  employees. 

COAL  &  COKE  RAILWAY  CO.,  AND  BROTHERHOOD  OF  LOCOMOTIVE 
ENGINEERS,  BROTHERHOOD  OF  LOCOMOTIVE  FIREMEN  AND  ENGINE- 
MEN,  ORDER  OF  RAILWAY  CONDUCTORS,  AND  BROTHERHOOD  OF 
RAILROAD  TRAINMEN. 

itii. 
Parties  involvea— 

(a)  Coal  &  Coke  Railway. 

(b)  Engineers. 
Firemen. 
Conductors. 
Trainmen. 

Date  arbitration  hearing  began. — May  8,  1911. 

Date  of  award.— May  27,  1911. 

General  results. —T}ie  wage  scale  established  as  a  result  of  the  arbitration  involved 
increases  in  rates  of  pay  ranging  in  freight  and  mixed  train  service  from  6.3  to  9.1  per 
cent;  in  work  and  wreck  train  service  from  20  to  33.3  per  cent;  and  in  yard  service 
frona  14.3  to  25.0  per  cent.  In  passenger  service  engineers  and  firemen  were  awarded 
a  minimum  allowance  for  each  day  used  of  $4.50  and  $2.50,  respectively,  as  compared 
with  a  corresponding  allowance  before  the  award  for  a  day's  work  of  more  than  6  hours 
and  not  exceeding  10  hours,  and  pay  for  actual  time  only  for  service  oi  6  hours  or  less. 
Conductors,  bagg^emen,  expressmen,  brakemen,  and  flagmen  in  passenger  service 


] 


3. 
4. 


N. 


REPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION.         101 

were  awarded  a  minimum  daily  allowance  for  each  day  used  of  $4.10,  $2.70,  and  $2.45, 
respectively,  compensation  for  ser\4ce  of  6  hours  or  less  before  the  award  having  been 
limited  to  payment  for  time  actullay  worked  at  the  pro  rata  for  a  full  day  of  10  hours. 

General  rules,  providing  for  promotion,  seniority,  working  conditions,  etc.,  were 
also  a  part  of  the  award. 

.\s  a  result  of  the  award,  rates  of  pay  of  locomotive  engineers  were  increased  as  fol- 
lows: freight  and  mixed  trains,  7.8  per  cent;  work  and  wreck  trains,  33.3  per  cent, 
yard,  18.3  per  cent. 

Firemen,  conductors  and  trainmen  received  increases  ranging  from  G.3  to  27  5 
per  cent. 

RAILROADS  IN  EASTERN  TERRITORY  AND  BROTHERHOOD  OF  LOCO- 
MOTIVE ENGINEERS. 

1912. 

1.  Parties  involved— 

(a)  Baltimore  &  Ohio  Railroad. 
Bessemer  &  Lake  Erie  Railroad. 
Boston  &  Albany  Railroad. 
Boston  &  Maine  Railroad. 
Buffalo,  Rochester  &  Pittsburgh  Railway. 
Buffalo  &  Susquehanna  Railway. 
Central  New  England  Railway. 
Chicago,  Indianapolis  &  I^uisville  Railway. 
Chicago,  Terre  Haute  &  Southeastern  Railway. 
Chicago,  Indiana  &  Southern  Railroad 
Cincinnati  Northern  Railroad 
Cincinnati,  Hamilton  &  Dayton  Railway. 
Cleveland,  Cincinnati,  Chicago  &  St.  Louis  Railway. 
Coal  &  Coke  Railway. 
Delaware  &  Hudson  Co. 
Delaware,  Lackawanna  &  Western  Railroad. 
Detroit,  Toledo  &  Ironton  Railroad. 
Dunkirk,  Allegheny  Valley  &  Pittsburgh  Railroad. 
Dayton  &  Union  Railroad. 
Erie  Railroad. 

Grand  Rapids  &  Indiana  Railway. 
Hocking  Valley  Railway. 
Indiana  Harbor  Belt  Railroad. 
Indianapolis  Union  Railway. 
Kanawha  &  Michigan  Railway. 
Lake  Erie  &  Western  Railroad. 
Lake  Erie,  Alliance  &  Wheeling  Railroad. 
Lake  Shore  &  Michigan  Southern  Railway. 
Lehigh  Valley  Railroad. 
Long  Island  Railroad. 
Maine  Central  Railroad. 
Michigan  Central  Railroad. 
New  York  Central  &  Hudson  River  Railroad. 
New  York,  Chicago  &  St.  Louis  Railroad. 
New  York,  New  Haven  &  Hartford  Railroad. 
New  York,  Ontario  &  Western  Railway. 
New  York,  Philadelphia  &  Norfolk  Railroad. 
New  Y'ork,  Susquehanna  &  Western  Railroad. 
New  Jersey  &  New  York  Railroad. 
Pennsylvania  Lines — East. 
Pennsylvania  Lines — West. 
Pere  Marquette  Railroad. 
Pittsburgh  &  Lake  Erie  Railroad. 
Philadelphia  &  Reading  Railway. 
Toledo  &  Ohio  Central  Railway. 
Toledo,  St.  Louis  &  Western  Railroad. 
Vandalia  Lines. 
Western  Maryland  Railway. 
Wheeling  &  Lake  Erie  Railroad. 
West  Side  Belt  Line. 
Wabash  Pittsburgh  Terminal  Railway. 
Zanesville  &  Western  Railway. 
(6)  Engineers. 


If 

t 


i"  i 
•f  ■  f 


102         BEPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION. 

2.  Date  arbitration  hearing  began. — ^July  15,  1912. 

3.  Date  of  aivard. — November  2,  1912. 

4.  General  results.~The  engineers  requested  certain  uniform  rules  and  rates  of  pay, 
the  application  of  which  would  mean  varying  advances  in  compensation,  and  the 
arbitrators  reached  the  conclusion  that  a  case  had  not  been  made  for  an  advance  all 
along  the  line  in  the  compensation  of  engineers.  It  was  held,  however,  that  evidence 
presented  showed  that  for  some  railroads  and  for  certain  classes  of  service  on  other 
railroads  the  compensation  was  too  small.  It  was  believed  by  the  board  that  the 
principle  of  a  minimum  wage  was  sound  and  introduced  in  the  award  a  minimum 
wage  for  each  of  the  more  important  classes  of  service,  as  follows: 

Passenger  service. — Minimum  rate  to  be  $4.25  for  100  miles  or  less;  additional  miles 
pro  rata;  overtime  provided  for. 

Electric  service. — Minimum  same  as  for  passenger  service;  locomotive  engineers 
to  have  preference  for  positions  as  motormen  wherever  electric  seri-ice  is  installed  as 
a  substitute  for  steam. 

Freight  service.— Minimum  rate  of  $4.75  for  10  hours  or  less,  or  100  miles  or  less; 
overtime  provided  for;  engineers  held  away  from  home  terminal  28  hours  or  more  to 
be  compensated. 

Switching  service.— Minimum  rate  to  be  $4.10  per  day,  of  10  hours  or  less,  with 
provision  for  overtime  on  a  minute  basis. 

Provision  was  also  made  in  the  award  for  such  details  as  determining  the  beginning 
and  end  of  a  day,  pay  for  final  terminal  delay,  hours-of-service  la«7,  etc. 

The  award  became  effective  as  of  May  1,  1912,  except  two  minor  provisions  which 
were  to  go  into  effect  November  1,  1912. 

GEORGIA  RAILROAD  AND  THE  ORDER  OF  RAILROAD  CONDUCTORS 
AND  BROTHERHOOD  OF  RAILROAD  TRAINMEN. 

1912. 

1.  Parties  involved— 

(a)  Georgia  Railroad. 

(b)  Conductors. 
Flagmen. 
Baggagemen. 

2.  Date  arbitration  hearings  began — November  7,  1912. 

3.  Datco/auarrf.— November  26,  1912. 

4.  General  results.— Thia  case  involved  the  discharge  of  a  conductor  because  of  his 
alleged  violation  of  rules  promulgated  by  the  railroad  respecting  the  observance  of 
the  law  limiting  the  hours  of  continuous  service  of  train  crews;  and  the  discharge 
of  a  flagman  because  he  had  made  an  error  in  an  expense  account  submitted  in  con- 
nection with  his  attendance  upon  court  in  a  case  invohing  the  company's  interests. 
The  labor  organizations  demanded  the  reinstatement  of  both  of  these  men. 

The  board  of  arbitration  ordered  the  reinstatement  of  the  conductor  (Mr.  Paschal) 
stating  that  it  is  the  duty  of  employees  of  the  company  to  obey  the  rules  and  bulletins 
in  accordance  with  the  interpretation  given  them  by  the  railroad. 

In  the  case  of  the  flagman,  Morgan,  the  board  of  arbitration,  after  pointing  out  that 
the  error  made  by  this  employee  in  his  expense  account  had  been  corrected  when  his 
attention  was  called  to  it,  and  that  the  railroad  authorities  had  the  right  to  administer 
some  discipline,  expressed  the  opinion  that  a  suspension  of  10  days  would  have  been 
adequate  discipline,  and  ordered  his  reinstatement,  with  a  deduction  in  pay  accordingly. 

RAILROADS  IN  EASTERN  TERRITORY  AND  BROTHERHOOD  OF  LOCO- 
MOTIVE FIREMEN  AND  ENGINEMEN. 

1913. 

1.  Parties  involved — 

(a)  Baltimore  &  Ohio  Railroad. 

Baltimore  &  Ohio  Southwestern  Railroad. 

Bessemer  &  Lake  Erie  Railroad. 

Boston  &  Albany  Railroad 

Boston  &  Maine  Railroad. 

Buffalo,  Rochester  &  Pittsburgh  Railroad. 

Central  New  England  Railroad. 

Central  Railroad  of  New  Jersey. 

Chic£^o,  Indiana  &  Southern  Railroad. 

Chicago,  Terre  Haute  &  Southeastern  Railroad. 

Cincinnati,  Hamilton  &  Dayton  Railroad. 


REPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION.         103 

1.  Parties  involved — Continued. 

(a)  Cincinnati,  Lebanon  &  Northern  Railroad. 
Cincinnati  Northern  Railroad. 
Cleveland,  Cincinnati,  Chicago  &  St.  Louis  Railroal 
Dayton  &  Union  Railroad. 
Delaware  &  Hudson  Railroad. 
Delaware,  Lackawanna  &  Western  Railroad. 
Detroit,  Toledo  &  Ironton  Railroad. 
Detroit,  Toledo  &  Milwaukee  Railroad. 
Dunkirk,  Allegheny  Valley  &  Pittsburgh  Railroad. 
Erie  Railroad. 

Grand  Rapids  &  Indiana  Railroad. 
Hocking  Valley  Railroad. 
Indiana  Harbor  Belt  Railroad 
Indianapolis  Union  Railroad. 
Kanawha  &  Michigan  Railroad, 
Lake  Erie,  Alliance  &  Wlieeling  Railroad. 
Lake  Erie  &  Western  Railroad. 
Lake  Shore  &  Michigan  Southern  Railroad. 
Lehigh  Valley  Railroad. 
Long  Island  Railroad. 
Maine  Central  Railroad. 
Michigan  Central  Railroad. 
Monongahela  Railroad. 
New  Jersey  &  New  York  Railroad. 
New  York  Central  &  Hudson  River  Railroad. 
New  York,  Chicago  &  St.  Louis. 
New  York,  New  Haven  &  Hartford  Railroad. 
New  York,  Philadelphia  &  Norfolk  Railroad. 
New  York,  Susquehanna  &  Western  Railroad. 
Pennsylvania  lines  east. 
"  Pennsylvania  lines  west. 

Philacielphia  &  Reading  Railroad. 
Rutland  Railroad. 
Toledo  &  Ohio  Central. 
Toledo,  Peoria  &  Western  Railroad. 
Toledo,  St.  Louis  &  Western  Railroad. 
Vandalia  Railroad. 

Wabash-Pittsburgh  Terminal  Railroad. 
Western  Maryland  Railroad. 
West  Side  Belt  Railroad. 
Wlieeling  &  Lake  Erie  Railroad. 
Wilkes-Barre  &  Eastern  Railroad. 
Zanesville  &  Western  Railroad. 
(b)  Firemen. 

2.  Date  arbitration  hearing  began. — ^March  10,  1913. 

3.  DaU  of  aiyarrf.— April  23,  1913. 

4.  General  results. — (o)  Ten  hours  or  less,  100  miles  or  less,  held  to  constitute  a 
day's  work. 

(6)  Rates  of  wages  established  for  different  classes  of  service  and  different  t>T>e8  of 
engines,  the  scale  runnii^  from  $2.40  to  $4  per  day. 

(c)  Compensation  for  overtime,  terminal  delays,  and  time  firemen  are  held  away 
from  home  terminal  were  also  provided  for  in  the  award. 


BEPORT  OF  BOARD  OF   MEDIATION  AND  CONCILIATION.         105 


m 


U 


ACTS  CONCERNING  ARBITRATION  OF  CONTROVERSIES  BE- 
TWEEN CARRIERS  ENGAGED  IN  INTERSTATE  COMMERCE 
AND  THEIR  EMPLOYEES. 


I     i: 


[Act  of  October  1,  1888:  25  Stats.,  501.] 

Section  I.  \\Tienever  differences  or  controversies  arise  between  railroad  or  other 
transportation  companies  engaged  in  the  transportation  of  property  or  passengers 
between  two  or  more  States  ot  the  United  States,  l)etween  a  Territory  and  State, 
within  the  Territories  of  the  United  States,  or  within  the  District  of  Columbia,  and 
the  employees  ot  said  railroad  companies,  which  differences  or  controversies  may 
hinder,  impede,  obstruct,  interrupt,  or  affect  such  transportation  of  property  or  pas- 
sengers, if,  upon  the  written  proposition  of  either  party  to  the  controversy  to  submit 
their  differences  to  arbitration,  the  other  party  shall  accept  the  proposition,  then  and 
in  such  event  the  railroad  company  is  hereby  authorized  to  select  and  appoint  one 
person,  and  such  employee  or  employees,  as  the  case  may  be,  to  select  and  appoint 
another  person,  and  the  two  persons  thus  selected  and  appointed  to  select  a  third 
person,  all  three  of  whom  shall  be  citizens  of  the  United  States  and  wholly  impartial 
and  disinterested  in  respect  to  such  differences  or  controversies;  and  the  three  per- 
sons thus  selected  and  appointed  shall  be.  and  thev  are  herebv,  created  and  con- 
stituted a  l>oard  of  arbitration,  with  the  duties,  powers,  and  privileges  hereinafter 
set  forth. 

Sec.  2.  The  board  of  arlntration  provided  for  in  the  first  section  of  this  act  shall 
possess  all  the  powers  and  authority  in  respect  to  administering  oaths,  subpoenaing 
witnesses  and  compelling  their  attendance,  preserving  order  during  the  sittings  of 
the  board,  and  requiring  the  production  of  papers  and  writings  relating  alone  to  the 
subject  under  investigation  now  possessed  and  belonging  to  the  United  States  com- 
missioner appc/inted  by  the  circuit  court  of  the  United  States;  but  in  no  case  shall 
any  witness  be  compelled  to  disclose  the  secrets  or  produce  the  records  or  proceedings 
of  any  labor  organization  ot  which  he  may  be  an  officer  or  member;  and  said  Imard  of 
arbitration  may  appoint  a  clerk  and  employ  a  stenographer,  and  prescribe  all  reasonable 
rules  and  regulations,  not  inconsistent  with  the  provisions  of  this  act,  looking  to  the 
ispeedy  advancement  of  the  differences  and  controversies  submitted  to  them  to  a 
conclusion  and  determination.  Each  of  said  arbitrators  shall  take  an  oath  to  honestly, 
fairly,  and  faithfully  perform  his  duties,  and  that  he  is  not  personally  interested  in 
the  subject-matter  in  controversy,  which  oath  may  be  administered  by  any  State  or 
Territorial  ofl^cer  authorized  to  administer  oaths.  The  third  person  so  selected  and 
appointed  as  aforesaid  shall  be  president  of  said  board;  any  order,  finding,  conclusion, 
or  award  made  by  a  majority  of  such  arbitrators  shall  be  of  the  same  force  and  effect 
as  if  all  three  of  such  arbitrators  concurred  therein  or  united  in  making  the  same. 

Sec.  3.  It  shall  be  the  duty  of  the  said  board  of  arbitration,  immediately  upon 
their  selection,  to  organize  at  the  nearest  practicable  point  to  the  place  of  the  origin 
of  the  difficulty  or  controversy,  and  to  hear  and  determine  the  matters  of  difference 
which  may  be  submitted  to  them  in  writing  by  all  the  parties,  giving  tnem  full  oppor- 
tunity to  be  heard  on  oath,  in  person  and  by  witnesses,  and  also  granting  them  the 
right  to  be  represent-e<l  by  counsel;  and  after  concluding  its  investigations  said  lioard 
shall  publicly  announce  its  decision,  which,  with  the  findings  of  fact  upon  which  it 
is  based,  shall  be  reduced  to  writing  and  signed  by  the  arbitrators  concurring  therein, 
tind,  together  with  the  testimony  taken  in  the  case,  shall  be  filed  with  the  Commis- 
sioner of  Labor  of  the  United  States,  who  shall  make  such  decision  public  as  soon  as 
the  same  shall  have  been  received  by  him. 

Sec.  4.  It  shall  be  the  right  of  any  employees  engaged  in  the  controversv  to  appoint, 
by  designation  in  writing,  one  or  more  persons  tb  act  for  them  in  the  selection  of  an 
arbitrator  to  represent  them  upon  the  board  of  arbitration. 

Sec  5.  Each  member  of  said  tribunal  of  arbitration  shall  receive  a  compensa- 
tion of  ten  dollars  a  day  for  the  time  actually  employed.  That  the  clerk  appointed 
by  said  tribunal  of  arbitration  shall  receive  the  same  fees  and  compensation  as  clerks- 
of  United  States  circuit  courts  and  districts  courts  receive  for  like  services.  The 
stenographer  shall  receive  as  full  compensation  for  his  services  ten  cents  for  each 
folio  of  an  hundred  words  of  testimony  taken  and  reduced  to  writing  before  said 

104 


.i  ,1 


I  f 


arbitrators.  United  States  marslials  or  other  persons  serving  the  process  of  said 
tribunal  of  arbitration  shall  receive  the  same  fees  and  compensation  for  such  services 
as  they  would  receive  for  like  services  upon  the  process  issued  by  United  States 
commissioners.  Witnesses  attending  before  said  tribunal  of  arbitration  shall  receive 
the  same  fees  as  witnesses  attending  before  United  States  commissioners.  All  of  said 
fees  and  compensation  shall  be  payable  by  the  United  States  in  like  manner  as  fees 
and  compensation  are  payable  in  criminal  causes  under  existing  laws:  Provided,  That 
the  said  tribunal  of  arbitration  shall  have  power  to  limit  the  number  of  witnesses  in 
each  case  where  fees  shall  be  paid  by  the  United  States:  And  provided  further,  That 
th  fees  and  compensation  of  the  arbitrators,  clerks,  stenographers,  marshals,  and 
others  for  service  of  process,  and  witnesses  under  this  act  shall  be  examined  and  cer- 
tified by  the  United  States  district  judge  of  the  district  in  which  the  arbitration  is 
held  before  they  are  presented  to  the  accounting  officers  of  the  Treasury  Department 
for  settlement,  and  shall  then  be  subject  to  the  provisions  of  section  eight  hundred  and 
forty-six  of  the  Revised  Statutes  of  the  United  States;  and  a  sufficient  sum  of  money 
to  pay  all  expenses  under  this  act  and  to  carry  the  same  into  effect  is  hereby  appro- 
priated out  of  any  money  in  the  Treasury  not  otherwise  appropriated.  And  provided 
likewise,  Not  more  than  five  thousand  dollars  shall  be  expended  in  defraying  the 
costs  of  anv  single  investigation  by  the  commission  hereinafter  provided  for.' 

Sec.  6.  The  President  may  select  two  commissioners,  one  of  whom  at  least  shall 
be  a  resident  of  the  State  or  Territory  in  which  the  controversy  arises,  who,  together 
with  the  (^^ommissionei  of  Labor,  shall  constitute  a  temporary  commission  for  the 
purpose  of  examining  the  causes  of  the  controversv,  the  conditions  accompanying, 
and  the  best  means  for  adjusting  it;  the  result  of  which  examination  shall  be  imme- 
diately reported  to  the  President  and  Congress,  and  on  the  rendering  of  such  report 
the  services  of  the  two  commissioners  shall  cease.  The  services  of  the  commission, 
to  be  ordered  at  the  time  by  the  President  and  constituted  as  herein  provided,  may 
be  tendered  by  the  President  for  the  purpose  of  settling  a  controversy  such  as  con- 
templated, either  upon  his  own  motion,  or  upon  the  application  of  one  of  the  parties 
to  the  controversy,  or  upon  the  application  of  the  executive  of  the  State. 

Sec.  7.  The  commissioners  provided  in  the  preceding  section  shall  be  entitled  to 
receive  ten  dollars  each  per  day  for  each  day's  service  rendered,  and  the  expenses 
absolutely  incurred  in  the  performance  of  their  duties;  and  the  expenses  of  the  Com- 
missioner of  Labor,  acting  as  one  of  the  commission,  shall  also  be  reimbursed  to  him. 
Such  compensation  and  expenses  shall  be  paid  by  the  Treasurer  of  the  United  States, 
on  proper  vouchers,  certified  to  by  the  Commissioner  of  Labor  and  approved  bv  the 
Secretary  of  th    Interior. 

Sec.  8.  Upon  the  direction  of  the  President,  as  hereinbefore  provided,  the  com- 
mission shall  visit  the  locality  of  the  pending  dispute,  and  shall  have  all  the  powers 
and  authority  given  in  section  2,  to  a  board  of  arbitration,  and  shall  make  careful 
inquiry  into  the  cause  thereof,  hear  all  persons  interested  therein  who  may  come  before 
it,  advise  the  respective  parties  what,  if  anything,  ought  to  be  done  or  submitted  to  by 
either  or  both  to  adjust  such  dispute,  and  make  a  written  decision  thereof.  This 
decision  shall  at  once  be  made  public,  shall  be  recorded  upon  proper  books  of  record 
to  be  kept  in  the  office  of  the  Commissioner  of  Labor,  who  shall  cause  a  copy  thereof 
to  be  filed  with  the  Secretary  of  the  State  or  Territory',  or  States  or  Territories,  in 
which  the  controversy  exists. 

Sec.  9.  In  each  case  the  commissioners  who  may  be  selected  as  provided  shall, 
before  entering  upon  their  duties,  be  sworn  to  the  faithful  discharge  thereof.  The 
Commissioner  of  Labor  shall  be  chairman  ex  officio  of  the  commission,  and  mav  appoint 
one  or  more  clerks  or  stenographers  to  act  in  each  controversy  onlv,  which'^clerks  or 
stenographers  shall  be  compensated  at  a  rate  not  exceeding  six  dollars  per  day  each, 
and  actual  expenses  incurred  shall  be  reimbursed. 

S-Ec.  10.  The  Commissioner  of  Labor  shall,  as  soon  as  possible  after  the  passage  of 
this  act,  establish  such  rules  of  procedure  as  shall  be  approved  by  the  President;  but 
the  commission  shall  permit  each  party  to  a  controversy  to  appear  in  person  or  by 
counsel,  and  to  examine  and  cross-examine  witnesses.  All  its  proceedings  shall  be 
transacted  in  public,  except  when  in  consultation  for  the  purpose  of  deciding  upon 
the  evidence  and  arguments  laid  before  it.  The  chairman  of  the  commission  is  hereby 
authorized  to  administer  oaths  to  witnesses  in  all  investigations  conducted  by  the 
commission,  and  such  witnesses  shall  be  subpoenaed  in  the  same  manner  as  witnesses 
are  subpoenaed  to  appear  before  United  States  courts  and  commissioners,  and  they 
shall  each  receive  the  same  fees  as  witnesses  attending  before  United  States  commis- 
sioners: Provided,  That  said  temporary  board  of  commissioners  shall  have  the  power 
to  limit  the  number  of  witnesses  in  each  case  where  fees  shall  be  paid  by  the  United 
States. 

Sec.  11.  All  fees,  expenses,  and  compensation  of  this  commission  shall  be  paid  as 
hereinbefore  provided  in  section  five  of  this  act. 


«TaC: 


1 


106         REPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION. 

[Act  of  June  1,  1898:  30  Stats.,  424  (Erdman  Law).] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America 
in  Congress  assembled^  That  the  pro\'isiona  of  this  Act  shall  apply  to  any  common  carrier 
or  earners  and  their  officers,  agents,  and  employees,  exoept  masters  of  vessels  and  sea- 
men, as  defined  in  section  forty-six  hundred  and  twelve.  Revised  Statutes  of  the 
United  States,  en^ged  in  the  transportation  of  passengers  or  property  wholly  by  rail- 
road, or  partly  by  railroad  and  partly  by  water,  for  a  continuous  carriage  or  shipment, 
from  one  State  or  Territory  of  the  United  States,  or  the  District  of  Columbia,  to  any 
other  State  or  Territory  of  the  United  States,  or  the  District  of  Columbia,  or  from  any 
place  in  the  United  States  to  an  adjacent  foreign  country,  or  from  any  place  in  the 
United  States  through  a  foreign  countrv  to  any  other  place  in  the  United  States. 

The  term  "railroad  "  as  used  in  this  Act  shall  include  all  bridges  and  ferries  used  or 
operated  in  connection  with  any  railroad,  and  also  all  the  road  in  use  by  any  corpora- 
tion operating  a  railroad,  whether  owned  or  operated  under  a  contract,  agreement,  or 
lease;  and  the  term  ''transportation"  shall  include  all  instrumentalities  of  shipment 
or  carriage. 

The  term  "employees  "  as  used  in  this  Act  shall  include  all  persons  actually  engaged 
in  any  capacitv  in  train  operation  or  train  service  of  any  description,  and  notwith- 
standing that  the  cars  upon  or  in  which  they  are  employed  may  be  held  and  operated 
by  the  carrier  under  lease  or  other  contract:  Provided,  however,  That  this  Act  shall  not 
be  held  to  apply  to  employees  of  street  railroads  and  shall  apply  only  to  employees 
engaged  in  railroad  train  service.  In  every  such  case  the  carrier  shall  be  respionsible 
for  the  acts  and  defaults  of  such  employees  in  the  same  manner  and  to  the  same  extent 
as  if  said  cars  were  owned  by  it  and  said  employees  directly  employed  by  it,  and  any 
pro\isions  to  the  contrary  of  any  such  lease  or  other  contract  shall  be  binding  only  a^ 
between  the  parties  thereto  and  shall  not  affect  the  obligations  of  said  carrier  either  to 
the  puolic  or  to  the  private  parties  concerned. 

Sec.  2.  That  whenever  a  controversy  concerning  wages,  hours  of  labor,  or  conditions 
of  employment  shall  ari^e  between  a  carrier  subject  to  this  Act  and  the  employees  of 
such  carrier,  seriously  interrupting  or  threatening  to  interrupt  the  business  of  said 
carrier,  the  chairman  of  the  Interstate  Commerce  Commission  and  the  Commissioner 
of  Labor  shall,  upon  the  request  of  either  party  to  the  controversy,  with  all  practicable 
expedition,  put  themselves  in  communication  with  the  parties  to  such  controversy, 
and  shall  use  their  best  efforts,  by  mediation  and  conciliation,  to  amicably  settle  the 
same;  and  if  such  efforts  shall  be  unsuccessful,  shall  at  once  endeavor  to  bring  about 
an  arbitration  of  said  controversy  in  accordance  with  the  provisions  of  this  Act. 

Sec  3.  That  whenever  a  controversy  shall  arise  between  a  carrier  subject  to  this 
Act  and  the  employees  of  such  carrier  which  can  not  be  settled  by  mediation  and 
conciliation  in  the  manner  provided  in  the  preceding  section,  said  controversy  may 
be  submitted  to  the  arbitration  of  a  board  of  three  persons,  who  shall  be  chosen  in  the 
manner  following:  One  shall  be  named  by  the  carrier  or  employer  directly  interested; 
the  other  shall  be  named  by  the  labor  organization  to  which  the  employees  directly 
interested  belong,  or,  if  they  belong  to  more  than  one,  by  that  one  of  them  which 
specially  represents  employees  of  the  same  grade  and  class  and  engaged  in  services 
of  the  same  nature  as  s'lid  employees  so  directly  interested:  Provided,  however,  That 
when  a  controversy  involves  and  affects  the  interests  of  two  or  more  classes  and  grades 
of  employees  belonging  to  different  labor  organizations,  such  arbitrator  shall  be  agreed 
upon  and  designated  by  the  concurrent  action  of  all  such  labor  organizations:  and 
in  cases  where  the  majority  of  such  employees  are  not  members  of  any  labor  organi- 
zation, said  employees  may  by  a  majority  vote  select  a  committee  of  thair  own  numoer, 
whicn  committee  shall  have  the  right  to  eelect  the  arbitrator  on  behalf  of  said  em- 
ployees. The  two  thus  cho^pu  shall  select  the  tnird  commissioner  of  arbitration; 
but,  in  the  event  of  their  fanure  to  name  such  arbitrator  withi/i  live  days  after  their 
first  meeting,  the  third  arbitrator  shall  be  named  by  the  commissioners  named  in 
the  preceding.  A  majority  of  said  arbitrators  shall  be  competent  to  make  a  valid  and 
binding  award  imder  the  prov^isions  hereof.  The  submission  shall  be  in  writing, 
shall  be  signed  by  the  employer  and  by  the  labor  organization  representing  the  em- 
ployees, shall  specify  the  time  and  place  of  meeting  of  said  board  of  arbitration,  shall 
state  the  questions  to  be  decided,  and  shall  con  fain  appropriate  provisions  by  which 
the  respective  parties  shall  stipulate,  as  follows: 

First.  That  the  board  of  arbitration  shall  commence  their  hearings  within  ten  days 
from  the  date  of  the  appointment  of  the  third  arbitrator,  and  shall  find  and  file  their 
award,  as  provided  in  this  section,  within  thirty  days  from  the  date  of  the  appointment 
of  the  third  arbitrator;  and  that  pending  the  arbitration  the  status  existing  immedi- 
ately prior  to  the  dispute  shall  not  be  changed:  Provided,  That  no  employee  shall  be 
compelled  to  render  personal  service  without  his  consent. 


•   I  • 


f 


»      t 


REPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION.        107 

Second.  That  the  award  and  the  papers  and  proceedings,  including  the  testimony 
relating  thereto  certified  under  the  hands  of  the  arbitrators  and  which  shall  have  the 
force  and  effect  of  a  bill  of  exceptions,  shall  be  filed  in  the  clerk's  of^ce  of  the  circuit 
court  of  the  United  States  for  the  district  wherein  the  controversy  arises  or  the  arbitra- 
tion is  entered  into,  and  shall  be  final  and  conclusive  upon  both  parties,  unless  set 
aside  for  error  of  law  apparent  on  the  record. 

Third.  That  the  respective  parties  to  the  award  will  each  faithfully  execute  the 
same,  and  that  the  same  may  be  specifically  enforced  in  equity  so  far  as  the  powers  of  a 
court  of  equity  permit:  Provided.  That  no  injunction  or  other  legal  process  shall  be 
issued  which  shall  compel  the  performance  by  any  laborer  against  his  will  of  a  contract 
for  personal  labor  or  service. 

Fourth.  That  employees  dissatisfied  with  the  award  shall  not  by  reason  of  such 


quit.  Nor  shall  the  employ 
dismiss  any  employee  or  employees  on  account  of  such  dissatisfaction  before  the 
expiration  of  three  months  from  and  after  the  making  of  such  award  without  giving 
thirty  days'  notice  in  writing  of  his  intention  so  to  discharge. 

Fifth.  That  said  award  shall  continue  in  force  as  between  the  parties  thereto  for 
the  period  of  one  year  after  the  same  shall  go  into  practical  operation,  and  no  new 
arbitration  upon  tte  same  subject  between  the  same  employer  and  the  same  class 
of  employees  shall  be  had  until  the  expiration  of  said  one  year  if  the  award  is  not  set 
aside  as  provided  in  section  four.  That  as  to  individual  employees  not  belonging  to 
the  labor  organization  or  organizations  which  shall  enter  into  the  arbitration,  the  said 
arbitration  and  the  award  made  therein  shall  not  be  binding,  unless  the  said  indi- 
vidual employees  shall  give  assent  in  writing  to  become  parties  to  said  arbitration. 

Sec.  4.  That  the  award  being  filed  in  the  clerk's  office  of  a  circuit  court  of  the 
United  States,  as  hereinbefore  provided,  shall  go  into  practical  operation,  and  judg- 
ment shall  be  entered  thereon  accordingly  at  the  expiration  of  ten  days  from  such 
filing,  unless  within  such  ten  days  either  party  shall  file  exceptions  thereto  for  matter 
of  law  apparent  upon  the  record,  in  which  case  said  award  shall  go  into  practical 
operation  and  judgment  be  entered  accordingly  when  such  exceptions  shall  have 
been  finally  disposed  of  either  by  said  circuit  court  or  on  appeal  therefrom. 

At  the  expiration  of  ten  days  from  the  decision  of  the  circuit  court  upon  exceptions 
taken  to  said  award,  as  aforesaid,  judgment  shall  be  entered  in  accordance  with 
said  decision  unless  during  said  ten  days  either  party  shall  appeal  therefrom  to  the 
circuit  court  of  appeals.  In  such  case  only  such  portion  of  the  record  shall  be  trans- 
mitted to  the  appellate  court  as  is  necessary  to  the  proper  understanding  and  con- 
sideration of  the  questions  of  law  presented  by  said  exceptions  and  to  be  decided. 

The  determination  of  said  circuit  court  of  appeals  upon  said  questions  shall  be 
final,  and  being  certified  by  the  clerk  thereof  to  said  circuit  court,  judgment  pursuant 
thereto  shall  thereupon  be  entered  by  said  circuit  court. 

If  exceptions  to  an  award  are  finally  sustained,  judgment  shall  be  entered  setting 
aside  the  award.  But  in  such  case  the  parties  may  agree  upon  a  judgment  to  be  en- 
tered disposing  of  the  subject-matter  of  the  controversy,  which  judgment  when 
entered  shall  have  the  same  force  and  effect  as  judgment  entered  upon  an  award. 

Sec.  5.  That  for  the  purposes  of  this  Act  the  arbitrators  herein  provided  for,  or 
either  of  them,  shall  have  power  to  administer  oaths  and  affirmations,  sign  subpoenas, 
require  the  attendance  and  testimony  of  witnesses,  and  the  production  of  such  books, 
papers,  contracts,  agreements,  and  documents  material  to  a  just  determination  of 
the  matters  under  investigation  as  may  be  ordered  by  the  court;  and  may  invoke 
the  aid  of  the  United  States  courts  to  compel  witnesses  to  attend  and  testify  and  to 
produce  such  books,  papers,  contracts,  agreements  and  documents  to  the  same  extent 
and  under  the  same  conditions  and  penalties  as  is  provided  for  in  the  Act  to  regulate 
commerce,  approved  February  fourth,  eighteen  hundred  and  eighty-seven,  and  the 
amendments  thereto. 

Sec  6.  That  every  agreement  of  arbitration  under  this  Act  shall  be  acknowledged 
by  the  parties  before  a  notary  public  or  clerk  of  a  district  or  circuit  court  of  the  United 
States,  and  when  so  acknowledged  a  copy  of  the  same  shall  be  transmitted  to  the 
chairman  of  the  Interstate  Commerce  Commission,  who  shall  file  the  same  in  the 
office  of  said  commission. 

Any  agreement  of  arbitration  which  shall  be  entered  into  conforming  to  this  Act, 
except  that  it  shall  be  executed  by  employees  individually  instead  of  by  a  labor 
organization  as  their  representative,  shall,  when  duly  acknowledged  as  herein  pro- 
vided, be  transmitted  to  the  chairman  of  the  Interstate  Commerce  Commission,  who 
shall  cause  a  notice  in  writing  to  be  served  upon  the  arbitrators,  fixing  a  time  and 
place  for  a  meeting  of  said  board,  which  shall  be  within  fifteen  days  from  the  execution 
of  said  agreement  of  arbitration:  Provided,  however,  That  the  said  chairman  of  the 


11 


ill 


!|| 


.) 


^ 


108         REPORT  OF  BOARD  OF   MEDIATION  AND  CONCILIATION. 

Interstate  Com  men  e  Commission  shall  decline  to  rail  a  meeting  of  arbitrators  under 
such  agreement  unless  it  be  shown  to  his  satisfaction  that  the  employees  signing  the 
submission  represent  or  include  a  majority  of  all  employees  in  the  service  of  the 
same  employer  and  of  the  same  grade  and  class,  and  that  an  award  pursuant  to  said 
submission  can  justly  be  regarded  as  binding  upon  all  such  employees. 
1  ^f^^I'  V^^^  during  the  pendency  of  arbitration  under  this  Act  it  shall  not  l)e 
lawful  for  the  employer,  party  to  such  arbitration,  to  discharge  the  employees,  parties 
thereto,  except  for  ineffir  lency,  violation  or  law,  or  neglect  of  duty;  nor  for  the  organiza- 
tion representing  such  employees  to  order,  nor  for  the  employees  to  unite  in,  aid,  or 
abet  strikes  against  said  employer:  nor,  during  a  period  of  three  months  after  an 
award  under  such  an  arbitration,  for  such  emplojrer  to  discharge  any  such  employees, 
except  for  the  causes  aforesaid,  without  giving  thirty  days'  written  notice  of  an  intent 
80  to  discharge;  nor  for  any  of  such  employees,  during  a  like  period,  to  quit  the  service 
of  said  employer  without  just  cause,  without  giving  to  said  employer  thirty  days' 
written  notice  of  an  intent  so  to  do;  nor  for  such  organization  representing  such  em- 
ployees to  order,  counsel,  or  advise  otherwise.  Any  violation  of  this  section  shall 
subject  the  offending  party  to  liability  for  damages:  Provided,  That  nothing  herein 
contained  shall  be  construed  to  prevent  any  employer,  party  to  such  arl)itration,  from 
reducing  the  number  of  its  or  his  emplovees  whenever  in  its  or  his  judgment  Inisiness 
necessities  require  such  reduction. 

Sec.  8.  That  in  every  incorporation  under  the  provisions  of  chapter  five  hundred 
and  sixty-seven  of  the  United  States  Statutes  of  eighteen  hundred  and  eighty-five 
and  eighteen  hundred  and  eighty-six  it  must  Iw  provided  in  the  articles  of  incorjwra- 
tion  and  in  the  constitution,  rules,  and  by-laws  that  a  member  shall  cease  to  be  such 
by  participating  in  or  by  instigating  force  or  violence  against  persons  or  property 
during  strikes,  lockouts,  or  boycotts,  or  by  seeking  to  prevent  others  from  working 
through  violence,  threats,  or  intimidations.  Members  of  such  incorporations  shall 
not  be  personally  liable  for  the  acts,  debts,  or  obligations  of  the  corporations,  nor  shall 
such  corporations  be  liable  for  the  acts  of  meml>ers  or  others  in  violation  of  law;  and 
such  corporations  may  appear  by  designated  representatives  before  the  Iward  created 
by  this  Act,  or  in  any  suits  or  proceedings  for  or  against  such  corporations  or  their 
members  in  any  of  the  Federal  courts. 

Sec.  9.  That  whenever  receivers  appointed  by  Federal  courts  are  in  the  possession 
and  control  of  railroads,  the  employees  upon  such  railroads  shall  have  the  right  to  be 
heard  in  such  courts  upon  all  questions  affecting  the  terms  and  conditions  of  their 
employment,  through  the  officers  and  representatives  of  their  associations,  whether 
incorporated  or  unincorporated,  and  no  reduction  of  wages  shall  be  made  by  such 
receivers  without  the  authority  of  the  court  therefor  upon  notice  to  such  employees, 
said  notice  to  be  not  less  than  twenty  days  before  the  hearing  upon  the  receivers' 
petition  or  application,  and  to  be  posted  upon  all  customar>'  bulletin  boards  along  or 
upon  the  railway  operated  by  such  receiver  or  receivers. 

Sec.  10.  That  any  employer  subject  to  the  provisions  of  this  Act  and  any  officer, 
agent,  or  receiver  of  such  employer  who  shall  require  any  emplovee,  or  any  person 
seeking  employment,  as  a  condition  of  such  employment,  to  enter  into  an  agreement, 
either  wTitten  or  verbal,  not  to  become  or  remain  a  member  of  any  labor  corporation, 
association,  or  organization;  or  shall  threaten  any  employee  with  loss  of  employment, 
or  shall  unjustly  discriminate  against  any  emplojree  because  of  his  membership  in 
such  a  labor  corporation,  association,  or  organization:  or  who  shall  require  any  em- 
ployee or  any  person  seeking  employment,  as  a  condition  of  such  employment,  to 
enter  into  a  contract  whereby  such  employee  or  applicant  for  emplovment  shall  agree 
to  contribute  to  any  fund  for  charitable,  social,  or  beneficial  purposes;  to  release  such 
employer  from  legal  liability  for  any  personal  injury  by  reason  of  any  benefit  received 
from  such  fund  beyond  the  proportion  of  the  benefit  arising  from  the  employer's  con- 
tribution to  such  fund;  or  who  shall,  after  ha\'ing  discharged  an  employee,  attempt 
or  conspire  to  prevent  such  employee  from  obtaining  emplovment,  or  who  shall, 
after  the  quitting  of  an  employee,  attempt  or  conspire  to  prevent  such  employee  from 
obtaining  employment,  is  hereby  declared  to  be  guilty  of  a  misdemeanor,  and,  upon 
conviction  thereof  in  any  court  of  the  United  States  of  competent  jurisdiction  in  the 
district  in  which  such  offense  was  committed,  shall  be  punished  for  each  offense  by 
a  fine  of  not  less  than  one  hundred  dollars  and  not  more  than  one  thousand  dollars. 

Sec  11.  That  each  member  of  said  board  of  arbitration  shall  receive  a  compensa- 
tion of  ten  dollars  per  day  for  the  time  he  is  actually  employed,  and  his  traveling  and 
other  necessarj'  expenses;  and  a  sum  of  money  sufficient  to  pay  the  same,  together 
with  the  traveling  and  other  necessary  and  proper  expenses  of  any  conciliation  or 
arbitration  had  hereunder,  not  to  exceed  ten  thousand  dollars  in  any  one  year,  to  be 
approved  by  the  chairman  of  the  Interstate  Commerce  Commission  and  audited  by 
the  proper  accounting  officers  of  the  Treasury,  is  hereby  appropriated  for  the  fiscal 


•  f 


..'■♦ 


REPORT  OF  BOARD  OF  MEDIATION  AND  CONCILIATION.         109 

years  ending  June  thirtieth,  eighteen  hundred  and  ninety-eight,  and  June  thirtieth 
eighteen  hundred  and  ninety-nine,  out  of  any  money  in  the  Treasury  not  otherwise 
appropriated.  "^ 

Sec.  12.  That  the  Act  to  create  boards  of  arbitration  or  commission  for  settling  con- 
troversies and  differences  between  railroad  corporations  and  other  common  carriers 
engaged  in  interstate  or  territorial  transportation  of  propertv  or  persons  and  their 
employees,  approved  October  first,  eighteen  hundred  and  eighty-eight,  is  hereby 


) 


f 


ACT  OF  MARCH  4,  1911:  66  STATS.,  1397. 

The  President  of  the  United  States  from  and  after  the  passage  of  this  act  is  author- 
ized to  designate  from  time  to  time  any  member  of  the  Interstate  Commerce  Commis- 
sion or  of  the  Court  of  Commerce  to  exercise  the  powers  conferred  and  the  duties 
imposed  upon  the  chairman  of  the  Interstate  Commerce  Commission  by  the  provi- 
sions of  the  "Act  concerning  carriers  engaged  in  interstate  commerce  and  their  em- 
ployees, approved  June  first,  eighteen  hundred  and  ninety-eight;  and  the  member 
so  designate^!,  during  the  period  for  which  he  is  designated,  shall  have  the  powers 
now  comerred  by  said  act  on  the  chairman  of  the  Interstate  Commerce  Commission. 

o 


■■f 


.    GAYLAMOUNT 
PAMPHLET  BINDER 

SAYLORD  BROS.  !•«. 
SyrtcM.,  N.  Y. 


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This  book  is  due  on  the  date  indicated  below,  or  at  the 
expiration  of  a  definite  period  after  the  date  of  borrowing,  as 
provided  by  the  library  rules  or  by  special  arrangement  with 
the  Librarian  in  charge. 

DATE  BORROWeO 

DATE  DUE 

DATE  BORROWED 

DATE  OUK 

!, 

i 

f 

1 

1 

C28  (n4»)  100M 

D267 


Un398 


% 


\ 


DS67 


Un398 


U.S.  Board  of  iiediation  and 
"     ~  Conciliation  " 

Report  of  the  Goiriiiiissioner  of 
Mediation  and  Conciliation 


<?CP9/2, 


END  OF 
TITLE 


